As a shareholder in an Australian company, it is critical that you have a clear understanding of your rights and responsibilities. A shareholders` agreement can help ensure that everyone is on the same page, and that your interests are protected. Here`s a quick checklist of what your agreement should cover:
1. Purpose and scope
Your agreement should clearly outline the purpose and scope of the agreement. This should include the company`s goals, key stakeholders, and any specific objectives or outcomes that the agreement aims to achieve.
2. Capital contributions
The agreement should provide guidelines for how capital contributions will be made, including the amount, timing, and form of payment. It should also cover what happens if a shareholder fails to make their required contribution.
3. Voting rights
Voting rights are a crucial aspect of any shareholder agreement. The agreement should clearly outline the rules and procedures for voting, including the number of votes required to pass a resolution, and any special voting arrangements for different classes of shares.
4. Share transfers and buyouts
The agreement should cover what happens if a shareholder wants to sell their shares or if an outside party makes an offer to purchase the company. This should include procedures for valuing the company and the process for transferring shares.
5. Management and decision-making
The agreement should provide guidelines for the management of the company, including the responsibilities of each shareholder and any voting rights or decision-making authority they may have.
6. Dispute resolution
Disputes are an inevitable part of any business arrangement. The agreement should outline procedures for resolving disputes, including mediation, arbitration, or litigation.
7. Termination and dissolution
The agreement should cover what happens if the company is dissolved, including how assets will be distributed and any obligations or liabilities that will need to be addressed.
Having a well-written shareholders` agreement in place can provide peace of mind for all parties involved. If you have any questions or concerns about creating or updating your agreement, it is always wise to seek professional advice.