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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