Grab the Ultimate Checklist for Running a Business Online in Canada

The Five W’s of a Shareholders’ Agreement

Has anyone ever told you that as a business owner that you NEED to have a shareholders’ agreement?  Did you wonder what it was?

This article sets out some of the basics.

Why?

  • Without a SA, shareholders can have difficulty resolving disagreements.
  • Unlike publicly traded shares, shares of a private company are difficult to sell or transfer.
  • The founder and majority shareholder usually wants to maintain a certain degree of control over who can become a shareholder.
  • A minority shareholder who does not have voting control of the company, will be concerned about having a mechanism to transfer his or her shares if he or she wants to.

Who?

  • If a company has one shareholder only, a SA is not required.
  • If a company is incorporated with more than one shareholder or where additional shareholders are added, a SA is recommended.
  • If the business is a partnership, the equivalent of a SA is a partnership agreement.
  • If current shareholders are considering transferring shares, they may...
Continue Reading...
Close

50% Complete

Keep in Touch

By providing your name and e-mail address, you agree to receive weekly e-mails with entertaining stories, legal tips and tools and new product announcements.