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Protecting your business and investments

A key investment for any business where there is more than one shareholder should be a shareholders’ agreement. Whether you have two shareholders or twenty, this type of agreement should always be in place.

An appropriately drafted shareholders’ agreement will take into consideration the articles of association of the company to regulate the relationship between the shareholders, manage the company and own shares.

At Nelsons, our team of corporate solicitors in Derby, Leicester and Nottingham have vast experience in advising owners and shareholders regarding these agreements and understand the importance of protecting shareholder interests.

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How we can help with shareholder agreements

Our highly regarded Corporate team advise businesses of all sizes across the country regarding shareholders agreements. Our solicitors have the skills and experience to know what is reasonable in your circumstances and what goals are likely to be achievable.

When drafting a shareholder agreement, we will consider whether the following should be included:

  • Who does what – it is important to specify the shareholders roles and time commitments.
  • Managing the compulsory transfer of shares – e.g., where a shareholder is an employee and they are dismissed, a bad leaver clause will deal with what happens with their shares.
  • Drag along rights – a clause which prevents minority shareholders from blocking the sale of a business where the majority want to sell.
  • Strengthen the rights of minority shareholders – there can be various areas of risk for minority shareholders if basic rights are not enhanced.
  • Good leaver and bad leaver provisions
  • Policy on paying dividends from profits
  • Controlling dilution
  • How disputes between shareholders and/or a dispute with directors are dealt with
  • Restrictions and limitations on directors
  • What happens to shares on the death, incapacity, criminal liability or bankruptcy of a shareholder

As part of the comprehensive service we provide, we draft and review business documents to reflect the plans you have which may take the form of some or all of the following:

  • Bespoke articles of association
  • Business succession plans
  • Employee share scheme/option agreements
  • Cross option agreements (linked to life policies) with associated trust arrangements

Why choose Nelsons to draft your shareholder agreement?

  • Our team can provide legal advice throughout the lifespan of a company and can advise businesses operating in a variety of industry sectors ranging from property to creative industries, retail to healthcare.
  • With a careful eye for detail, strategic thinking and a proactive approach, our solicitors are valuable allies in any corporate environment, with a focus on building long-lasting relationships that work. For us, that means understanding your business and vision, your people, and your individual challenges to provide a bespoke service. For you, it means obtaining sound legal advice with innovative solutions and excellent client care.
  • Our team is recognised by the independently researched publications, Chambers and Partners and The Legal 500, as one of the top teams of specialists in the country.

Testimonials…

  • "With a presence in both Nottingham and Derby, Nelsons, which primarily focuses on corporate issues, advises a mix of owner-managed businesses, SMEs, PLCs and multi-national conglomerates..."

    The Legal 500
  • “Represents a broad portfolio of family-managed and owner-managed clients, as well as multinationals and plcs. Continues to be involved in a variety of transactions on both the buyer and seller sides, with particular activity in the healthcare sector as part of a broad offering..."

    Chambers and Partners
  • "...Offices across the East Midlands ensure local clients benefit from an impressive depth of resources to assist on transactional work. Active on deals across a variety of sectors including aerospace, banking and charities among others..."

    Chambers and Partners
  • "...Strengths - clients appreciate that the lawyers are 'approachable and transparent,' and that 'they become part of your team'."

    Chambers and Partners
  • "Definitely the best corporate and commercial team in the East Midlands."

    Referee feedback provided to The Legal 500 2023
  • "Personal service by professional people with a comprehensive service offering. Good use of technology particularly when in house meeting were not available."

    Referee feedback provided to The Legal 500 2023

Contact our Corporate team today

If you need advice or guidance regarding the creation of a shareholder agreement, contact our team of corporate lawyers today via our online enquiry form or call 0800 024 1976 for a guaranteed response.

 

Find out how Nelsons can help you. Contact our friendly team for a guaranteed fast response.

For advice and support 0800 024 1976