Business law

Shareholders’ agreement: what should be agreed before a conflict arises?

A shareholders’ agreement is most valuable when difficult future scenarios are addressed while the partners are still able to agree.

Governance and decision-making

The agreement may allocate voting rights, appointment rights, information rights and matters requiring a qualified majority or unanimity.

Funding and distributions

The parties should agree how the business will be funded, what happens if a shareholder does not contribute and how additional investment and distributions are handled.

Transfers and exit

Pre-emption, tag-along, drag-along, buy-out and exit mechanisms reduce uncertainty when the shareholders’ interests change.

Deadlock and disputes

Where votes are evenly split or decisions are blocked, escalation, mediation, buy-out or another clear deadlock mechanism is important.

This article provides general information only and is not individual legal advice. The appropriate legal route depends on the facts and the law applicable at the relevant time.