1. Ownership Structure:
The agreement should clearly outline the percentage of ownership held by each shareholder, as well as any restrictions on the transfer of shares.
2. Management Structure:
The agreement should define the roles and responsibilities of each shareholder, including who will be responsible for day-to-day operations, strategic decision-making, and financial management.
3. Decision-Making Process:
The agreement should outline how decisions will be made and what level of consensus is required among shareholders. This includes voting rights, quorum requirements, and rules for calling meetings.
4. Profit Distribution:
The agreement should establish how profits will be distributed among shareholders, including how much will be reinvested in the business and how much will be paid out as dividends.
5. Dispute Resolution:
The agreement should provide a mechanism for resolving disputes between shareholders, such as mediation or arbitration, to avoid costly litigation.
6. Exit Strategies:
The agreement should outline what happens in the event that a shareholder wants to leave the business, including the process for selling shares and how the value of those shares will be determined.
7. Non-compete and Non-disclosure Agreements:
The agreement should include provisions to prevent shareholders from competing with the business or disclosing confidential information.
8. Amendments:
The agreement should include a process for amending the agreement, including how much agreement is required among shareholders to make changes, and what notice must be given to all parties involved.