There is a general misunderstanding that a shareholders` pact can only be entered into at the time of the company`s creation, but that it can be done at any time during the life of a company. With respect to shareholder agreements for limited companies, the issue of quantifying loss can be difficult. If there is no stock market, the loss suffered by a shareholder as a result of non-compliance with another shareholder under the agreement may be difficult to calculate, first assuming that the loss of the value of the stock is the right way to test lost expectations. Shareholder agreements will often have a „superiority” clause that provides that in the event of a conflict between the agreement and the statutes, the provisions of the shareholder contract prevail. However, in all other cases, it is generally the statutes that prevail. This fair remedy, like other fair remedies, is of importance of assessment. When granted, the court orders the re-establishing the status quo ante, that is, the position in which the parties placed themselves before the contract, whereas when a contract is revoked for violation, the effect is not retroactive. This method is often used in relation to errors and misrepresentations. It can be a very important instrument in a shareholders` pact, in which the best solution might be to allow the parties to leave. We can develop a shareholder contract to reflect all your needs and manage all shareholder requirements. We can do this at the beginning of the business or, if your business has grown or is growing, once it has established itself and continues.
From a legal point of view, the company`s statutes and changes in the business register are public, but members of companies do not always want all agreements detailing how the business should be managed and operated to be accessible to the public. Under these conditions, members can enter into a shareholder contract if they wish to agree among themselves. A shareholder pact should be considered when there is more than one shareholder in a company, as it is often seen as an essential element of protection for minority shareholders.