26.03.2015 Views

START-UP ADVICE

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“DON’T END <strong>UP</strong> IN A COMPLICATED,<br />

DISTRESSING AND COSTLY LEGAL BATTLE<br />

DOWN THE LINE BECAUSE YOU FAILED TO<br />

GET THE BASICS RIGHT AT THE <strong>START</strong>.”<br />

The key provisions to include in a shareholders’<br />

agreement relate to:<br />

1) Issuing and transferring shares – including<br />

provisions to prevent unwanted third parties<br />

acquiring shares and how a shareholder can sell<br />

shares.<br />

2) Providing some protection to holders of less<br />

than 50% of the shares – including requiring certain<br />

decisions to be agreed by all shareholders.<br />

3) Running the company – including appointing,<br />

removing and paying directors, deciding on<br />

the company’s business, making large capital<br />

outlays, providing management information to<br />

shareholders, banking arrangements and financing<br />

the company.<br />

4) Paying dividends.<br />

5) Competition restrictions.<br />

6) Dispute resolution procedures.<br />

It is best to put a shareholders’ agreement in place<br />

when you form the company and issue the first<br />

shares.<br />

This creates a common understanding of<br />

shareholders’ expectations of the business.<br />

Don’t end up in a complicated, distressing and<br />

costly legal battle down the line because you failed<br />

to get the basics right at the start.<br />

A stakeholders’ agreement is the most sensible way<br />

to make sure that, if the worst should happen, you<br />

are not left with nothing.<br />

Inform Direct is an online service that makes it easy<br />

for individuals to form and manage their company.<br />

The aim is to take care of the administrative side<br />

of running a company giving you more time to<br />

concentrate on making your business prosper. Find<br />

out more at www.informdirect.co.uk<br />

A final word of warning<br />

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