Shareholders’ rights
In the area of shareholder rights, our professionals can advise you for the purpose of protecting your rights and efficiently defending your interests. Whether this involves drawing up shareholder agreements, negotiating them, or putting them into practice, notably in the case of a dispute, our firm will quickly guide you through the process.
The relationships between shareholders should be governed by clear and unequivocal agreements. Whatever the company’s area of operations, it is crucial that goodwill prevails between business partners.
The drafting of a shareholders’ agreement requires an excellent understanding of the business dynamics, and of the different interests of the parties involved. Our professionals will know how to best advise you for the purpose of protecting your rights and interests.
How we help you:
Shareholders’ Agreements: We play an active role in the drafting and negotiation of shareholder agreements, all the while, when applicable, adapting the company’s general statutes and regulations to the agreements. In this way, the rights and obligations of the shareholders are clearly identified.
Exercise of Shareholder Rights: We advise you with regards to the exercise of your shareholder rights, such as right of pre-emption, right of first refusal, tag along rights, drag along rights or veto management rights.
Corporate Documents: We prepare the corporate documents required for the application of transactions, resulting from the exercise of shareholder rights as well as decisions taken at meetings of directors and shareholders.
A shareholders’ agreement, to be unanimous, requires more than just the signature of all the shareholders; it also requires a restriction on the powers of the board of directors.
Rights of first refusal and piggy-back provisions are drafted in the context of the dynamics existing between the parties and their respective percentage of share ownership.
It is crucial to foresee the precedence of certain provisions in the shareholders’ agreement when the exercise of some shareholder rights is undertaken at the expense of others.
