The Court held that such agreements should be considered a “shareholder agreement.” Indeed, defining an agreement as a “shareholder pact” is not essential that all participants in the pact be shareholders when the agreement concerns the exercise of shareholder rights and powers. The shareholder contract may end if all shareholders agree to terminate it or on a specific date. The option to terminate it after the agreement of all shareholders should only be used if there is a relatively small number of shareholders, if the group does not consider taking over new shareholders and if the shareholders have a good working relationship. Even an angry shareholder could cause considerable problems to the group by refusing to terminate the contract, even if it was in the interest of the group. If there is a relatively large number of shareholders, or if the group is trying to increase the number of shareholders, or if there is a risk of shareholder conflict, the shareholder contract should probably be terminated at some point. Shares that are not traded on the stock exchange are difficult to assess because they cannot easily be converted into cash. The valuation of the shares itself can lead to a strong overvaluation or undervaluation of the share price. Both of these errors can harm the company and all affected shareholders. A professional will give a more accurate, fair assessment to all shareholders. However, evaluation can be costly, so you need to carefully evaluate whether or not you want to use a professional evaluator.
A non-recall clause prevents shareholders or former shareholders from getting other shareholders, directors, officers or employees of the group to leave the group or compete with the group. This clause prevents an influential shareholder from robbing important employees. Pre-emption rights give existing shareholders the right to purchase newly issued shares from the company before being sold to third parties. This protects existing shareholders by allowing them to retain their share of the company. The disadvantages of pre-emption rights are that they can cause long delays in the sale of shares and may discourage demanding institutional investors from investing because they can obtain a lower proportional share of the company than they would like when pre-emption rights are exercised. The parties to a shareholder contract are the shareholders of the company. Ideally, all shareholders will participate in the shareholder contract. It should be noted that all directors are required to act in the best interests of the corporation, regardless of how they were elected or the group of shareholders they are intended to represent. When a company guarantees its shares, it lists the names of shareholders and the number and type of shares that each shareholder holds at the time of signing the shareholder contract. This guarantee is advantageous if shareholders want some confidence in the number of shares in the group and who owns them. It depends on the knowledge and trust of the shareholders.
If you suspect that one or more shareholders might deny, have seen or signed, perhaps all signatures should be shown.