If you would like to tell us about a partner`s contract, contact our secretarial team: 0207 554 2261 These are three terms for the same agreement – a process in which a shareholder who finds a buyer for his shares must first offer them to any other shareholder under the same conditions as his existing stake. It favours the status quo, because if all shareholders exercise their right, the proportional ownership of the company remains the same. That is the key question. A reasonable commitment to attempt an exit is one thing. An absolute obligation, with the means of investor protection, if the company does not do so, is something else entirely. The most advantageous in companies where there are two shareholders 50/50 is a shotgun clause that forces the shareholders of a company to buy. It can be triggered in situations where shareholder directors can no longer cooperate and where this inability has a negative impact on the company. The Cypriot courts recognise the pre-emption clauses as well as the tag along and drag along provisions contained in shareholder agreements in the event of a dispute for their settlement. In the context of an application for interim measures, the General Court upheld a company`s decision to convene a meeting in order to amend the articles of association, to introduce a carpooling provision, in order to create a balanced exit from the company if the other shareholders challenged such a measure. If you are an investor; whose main objective is to get a return on the money you have invested in equity in a company or a business owner/founder; Who is the succession plan? There are different clauses that you can incorporate into a shareholders` agreement to help you get a timely and cost-effective exit from the business” The difference between the Tag Along and Drag-Along provisions is that the first minority shareholders have the right to decide whether they wish to participate in a sale while protecting their own interests.
Participation creates an obligation to sell to minority shareholders, which is why it is usually a plan negotiated by the majority shareholders in a shareholders` agreement. In both cases, the conditions and timing of the sale are the same, which maintains balance and equality between shareholders. Keywords:Corporate conflicts, means of repression, shareholder conflict, shareholders` rights, shareholders` agreement, share buyback In order to increase the liquidity of the shares and offer shareholders an exit route, the articles of association of the company may provide that the shareholder is prevented from selling his shares to a third party (at least in the first instance) and that, if the remaining shareholders do not wish to buy the shares from the shareholder, the company can buy back the shares itself. Investors and entrepreneurs can too often find themselves at an impasse if their shareholders` agreement is not formulated in such a way as to sufficiently cover different contingencies.. . . .