Ondernemingsrecht

corporate law

Acquisition Of Shares, Drafting Negotiating Shareholders Agreement

A shareholders agreement (SHA) is a contract signed by either current or future shareholders, determining the relations between a shareholder and the rest of the shareholders and/or and the company. By this agreement the parties determine their responsibilities for the realization of the company’s goals and also go under the obligation to cooperate with the other shareholders. Due to the reason that shareholders agreements form a partnership independent of the company in subject, the obligations arising thereof are subject to the Law of Obligations rather than Commercial Law. Companies are considered to be third parties in terms of performance and consequences of these contracts; enforcing the contract provisions against the company or its divisions and representatives is not possible. In case of breach of contract, the injured party is entitled to remedies as per Law of Obligations.