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A shareholders agreement is fundamentally important to your business. There are numerous issues that can arise that can give rise to serious disputes between shareholders and more often than not, shareholder disputes can jeopardise the entire business. It is also vital that a shareholders agreement is concluded in conjuction with the Memorandum of Incorporation for the Company, particularly as the Companies Act 2008 provides that in relation to certain vital aspects a Memorandum of Incorporation will override and take precedence over a shareholders agreement.
A share buy back agreement is concluded when the company buys back some of its shares. These agreements require compliance with the company’s Memorandum of Incorporation as well as the Companies Act, 2008. This particular agreement includes a restraint of trade in terms whereof the seller of the shares undertakes to not compete with the Company.
Profit incentive policies are often undocumented and this can lead to serious disputes down the line. These disputes can include the manner of calculation of the incentive scheme, or (for example) the taxation related aspects. We strongly recommend that a written profit incentive policy is put in place.
This document comprises a straight forward agreement between two shareholders relating to the purchase and sale of shares upon the death of one of the shareholders.
