The first option is to create different types of sharing with different values and rights. Many of the company`s decisions require the approval of shareholders who hold at least 51% of the company`s shares. In a corporation, there is a probability that you have few shareholders, so the balance of power can be one or two people. The shareholders` pact can delay this balance of power by providing certain vetoes on minority shareholders so that they have more say in the most important decisions that are taken. If a company has 50/50 between two shareholders, the company can quickly find itself in a stalemate if it stops reaching an agreement. In such circumstances, the company`s activities can quickly stop. A shareholder pact helps to put in place a mechanism agreed in advance to remedy this impasse. A much better way to regulate power between shareholders, including setting the limits of shareholder freedom, is to use a shareholder contract. In the absence of a shareholder contract, a shareholder is not limited in how he can transfer his shares.
A shareholder cannot be satisfied with the prospect that his co-shareholder may transfer his shares to third parties. A shareholders` pact can guarantee that all shareholders have an advance right. All shareholders should remember two other essential provisions of corporate law: the remaining shareholders will likely have difficulty protecting their holdings if the shares are sold (because the interests of the selling shareholder are no longer in the long-term success of the company, but the short-term value of the shares) or that one of the shareholders will die (because its beneficiary could be an inexperienced or disinterested family member). A shareholder contract can demonstrate stability for your business, with the conclusion that you have planned in advance so that any dispute is resolved easily and quickly. This is especially important for banks and other creditors who may want to invest in your business. A shareholders` pact can create a mechanism that, when a shareholder wishes to sell its shares, effectively confers on other shareholders or the company (as the case may be) a “pre-pro- right” of those shares. At the beginning of a new business relationship, it is often difficult to anticipate a scenario in which counterparties fail or have difficulty making decisions. Unfortunately, there may be differences of opinion and it is almost impossible to agree on the provisions that should apply if you are down, if you have already failed.