In addition, shareholder agreements often provide that SHA is not regulated by a specific law in India and therefore is not required for shareholders to establish and conclude SHA. There is no limit to the number of shareholders who can enter into an agreement in accordance with all rules and regulations. Of course, you must be careful not to seriously harm some interests for the benefit of others. For example, a shareholder lender is in a very strong position as soon as a loan has matured for repayment. It could be strengthened if the other shareholders agreed to sell the company at some point – and it is the only buyer! The shareholders` pact is a set of rules that will help resolve future conflicts or blockages that may arise when making decisions within the authorities. Loan contracts generally limit what a company can do (for example. B the additional loan or sale of collateral against the loan). This can give considerable power to the lender. There are additional complications if the lender is a shareholder. Your agreement should reflect on how rights will change when introducing a large creditor. In addition, a shareholder contract is a private agreement and there is no obligation to submit it to the companies.
There is therefore a great deal of confidentiality in what is contained in the terms of the shareholders` agreement. An alternative is simply to make a statement of intent. It has no legally binding force, except perhaps in a supporting role, but it is a reminder that there is a timetable. A lender may benefit from a separate loan document providing for the right to enforce the remedy or proposal in the shareholders` agreement. In the absence of a shareholders` pact, a majority shareholder does not have the automatic right to compel a minority shareholder to sell its shares and, conversely, there is no automatic right for a minority shareholder to compel a majority shareholder to sell its shares. Normally, as part of a shareholders` pact, there is a drag-along clause that, in certain situations, can force the sale of shares. You can also add clauses as you wish, often we add clauses to sell your shares automatically after death, or when you leave the company. The difficulty in reaching an agreement is not the legal formulation, but the examination of the problems that shareholders will face and the decision on what should happen in each scenario. The purpose of the shareholders` pact is to restrict the freedom of action of directors and other shareholders in order to protect the rights of one of the minority minorities. It is therefore essential to recognize the interests of all parties. All Net Lawman agreements cover a full list of possibilities. V.B.Rangaraj v.
V.B Gopalakrishnan was the first case opened before the Supreme Court as part of the shareholder agreement. The defendant is a limited company with a total participation of 50 people. Before the common family of the plaintiffs and defendants came to hold the 50 shares of the company, the family was a minority investor who held 13 shares, the rest 37 shares held by outsiders.