Shareholders' Agreement for a Company Limited by Shares
Establish early on the relationship with your co-founders and create a Shareholders' Agreement with a recognized specialist for CHF 2,500
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Avoid legal uncertainty and potential misunderstandings and disagreements among shareholders by regulating, in particular, the following: the relationship among shareholders, detailed purchase and pre-emption rights concerning shares, and control and other rights and obligations of shareholders within a company limited by shares.
About the Package
Applicable when a company limited by shares has more than one shareholder; ideally during the formation of the company limited by shares (or expansion of the shareholder base).
Target Audience
All shareholders of a public limited company.
Process and Duration
The time from drafting to finalizing a Shareholders' Agreement depends on several factors, such as negotiation/decision-making among the shareholders. Typically, drafting a Shareholders' Agreement takes between 2-3 weeks.
Service
- Kick-off meeting to analyze the situation
- Consultation on the optimal structure of relationships among the shareholders
- Shareholders' Agreement
- Meeting to finalize the Shareholders' Agreement
Price
Estimated price: CHF 2,500 incl. VAT.
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What do I need to know about the shareholders' agreement?
We recommend a shareholders' agreement as soon as a company limited by shares has more than one shareholder. Already from the time of formation/acquisition of shares.
Transfer and encumbrance restrictions, including purchase and pre-emption rights, co-sale obligations, and rights, control, and significant decisions/veto rights concerning the Board of Directors and General Meeting, non-competition clauses, and information rights and obligations.
Clear regulation of the relationship between the shareholders. The rights of minority shareholders are often strengthened by a shareholders' agreement.
Every shareholder can do what they want with their shares (e.g. sell or pledge them). No clarity about the consequences of certain developments (e.g. death of a shareholder, exit from the company limited by shares, etc.)
The shareholders' agreement always takes precedence between the parties.
We generally recommend drafting a shareholders' agreement in writing and only amending it in writing. An amendment requires unanimity, unless the shareholders' agreement contains a corresponding amendment clause.
These must sign the shareholders' agreement (e.g. by means of a written declaration of accession).