Shareholders Agreement South Africa Law


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There are many advantages if a proper shareholders` pact, which has been reduced to the letter, some of which are listed below: it was decided by the shareholders of the company at a meeting where a quorum of shareholders was present (but not by all the shareholders of the company and therefore not by all parties to the shareholders` pact) that the MOI was adopted. , and the shareholders` pact is therefore terminated. A shareholders` pact is used to regulate relations between the different parties as shareholders and often also in their positions as managers of a company. As soon as two or more people decide to participate jointly in the transaction, the shareholders` pact should be the first document to prepare and sign. Often, this document is developed from the beginning or when companies are set up to discuss and finalize aspects of their relationship that might otherwise not have been covered. Some of the aspects that need to be addressed in the shareholders` pact should include: the fundamental question on which the Court of Justice must rule was whether, therefore, the adoption of the new MOI amended or nullified the terms of a shareholders` pact already in force, which are contrary to the conditions set out in the MOI. Under Section 15 (7) of the Companies Act 71 of 2008 (“Companies Act”), a company`s shareholders are entitled to enter into an agreement on each matter, provided that it complies with the Corporations Act and the company`s constitution memorandum and that any provision of such an agreement inconsistent with the company`s law or the company`s founding memorandum is not inconsistent. Since a shareholders` pact cannot be entered into through The 2008 Company 71 or the company`s incorporation agreement, a shareholders` pact is not important. Under the new Corporate Law, many question whether a shareholder contract is now necessary because it cannot be imposed against the company`s new company law or founding memorandum. Is it in my interest to sign one? Are all issues that were previously dealt with in shareholder agreements now dealt with in the memorandum? Finally, I would like to say that a well-developed and thorough shareholders` pact is important, as it can be used by shareholders as a form of protection to protect their interests and to assert their rights. The fact that the agreement is available in writing means that the parties cannot later unilaterally amend the terms of such an agreement to escape their obligations.

Frequent errors in the assumption that cause the delay in the formation of shareholder agreements include: it is no longer possible (from May 1, 2011) to adopt a shareholders` pact that is primarily governed by the Memorandum and Companies Act. You may need to amend your company`s memorandum before or at the same time as signing a new shareholder pact. In other words, you must first develop a memorandum for the company, then a shareholder contract, which is in accordance with both the shareholder law and the memorandum.

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