In the above context, only certain provisions that can be included in a shareholder pact that would benefit certain shareholders are mentioned. The following provisions may benefit all shareholders: the second article deals with issues being considered by developers and investors in the context of third-party investments in private companies and the benefits of a detailed subscription and shareholders` pact. Most shareholders prefer an agreement rather than relying on the rules set by the company`s by-law. The reason is that these rules are often fairly general and can normally only be changed by a special decision of the company and can disadvantage minority shareholders. A shareholders` pact is an important and useful document because it provides a mechanism for defining the principles by which shareholders or partners operate in a joint venture. It is therefore recommended that companies with more than one shareholder enter into a shareholders` agreement to give members, directors and the company clear guidance on what will happen in certain circumstances. Among the advantages of such an agreement are: These sound like fairly similar documents, and they can often overlap. A shareholders` pact is not a legal obligation and companies can only rely on their by-law. However, a separate shareholders` pact has a number of advantages: a shareholder contract being a contract, so it is subject to the ordinary rules of contract law. In the event of a dispute over the importance of a particular clause, the Tribunal would seek to establish the intention of the parties on the basis of the text of the contract.
To avoid any problems, it is of the utmost importance that the development of the shareholder contract clearly and correctly reflects what the shareholders had in mind. Several clauses such as a non-compete clause for an outgoing shareholder, provisions relating to the distribution of dividends can be included in the agreement in order to adapt the company to future needs.