Unlike the company`s statutes, the shareholders` pact is confidential. It covers key issues such as corporate administration, senior management, new share issues, day-to-day management, decision-making and shareholder departure. Shareholders should consider entering into a shareholders` agreement as soon as possible after the company is created or after the first shares have been issued. The shareholders` pact will have a direct influence on how decisions are made within a company, and that is why it is so important. While there is a board of directors and a management team, everyone must work according to the guidelines of the shareholder contract. A change to the agreement can only take place if all shareholders accept the changes, making it even more important to define the parameters of how the transaction should be managed correctly the first time. 4.2. Business Secrets. Each shareholder recognizes that the company`s client lists, trade secrets, processes, methods and technical information, and any other issues designated by the Chairman or with the written consent of all shareholders are valuable assets. Unless the written consent of each of the other shareholders has been obtained, any shareholder undertakes never to disclose to a person or organization, unless, in connection with the company`s activities, a list of customers or a name on that list or any other trade secret, or has control over the company`s shares or at a later date. Trading partners often start at good conditions, but break down later. While this is not to be expected, a well-written shareholder pact can help prevent significant damage or legal action in the event of disagreement. The shareholders` pact explains what the two parties agreed to before the disagreement, which may prevent a founder or shareholder from doing something dramatic for the way business is run.
As with all shareholder agreements, an agreement for a start-up often includes the following sections: PandaTip: The distribution or resale of shares outside may include a large number of legal provisions that should not be dealt with by this agreement, which is why this clause is important.