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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.
If a third party stands in for the debt of (for example) a company, then that constitute a suretyship. If the suretyship undertaking is supported by a pledge of shares, then this is the correct document for you. Importantly, the pledge must be accompanied by the pledgee actually holding the share certificate.
If an agent is appointed to sell a business, you would typically want to provide for a written mandate that regulates the terms and conditions that apply, the obligations of the agent and the remuneration mechanism.
