From a legal point of view, the company`s statutes and changes in the business register are public, but members of companies do not always want all agreements detailing how the business should be managed and operated to be accessible to the public. Under these conditions, members can enter into a shareholder contract if they wish to agree among themselves. The problem is to determine which parts are strong and which parts are flexible – in the law and in the articles. Here are some of the questions that may arise: to make „Lightwork” the creation of shareholder agreements, we have developed one with experienced lawyers that you can customize for your own business. Just answer the questions and we`ll provide you with a custom-priced fixed-price document. It`s so simple! Parties to shareholder agreements should carefully consider their agreement in violation of the provisions of the company`s Constitution, as there appear to be inconsistencies on the same subject. The conflicts between the shareholders` pact and the statutes are essentially two types: the directors of World Phone have adopted a resolution authorizing the right to issue shares without obtaining the votes necessary for such a broadcast. Although the articles on the favourable votes remained silent, the company failed to enforce the shareholders` pact. As things stand, corporate articles will always prevail or „prevail,” as lawyers say.

Nothing you can do will change that. But there`s a way around it. Since a company`s statutes will also address these high-level issues, it is customary for a shareholders` pact to include an inconsistency clause providing that it would annul the incorporation of the company in the event of a conflict. Cody shows that these clauses may not be absolute, since the courts will attempt, as far as possible, to read a shareholders` pact with the Constitution in order to comply with them. On the other hand, a shareholder contract is a private document between the parties and no third party is entitled to it. This includes the Tribunal`s power to order the rectification and rectification of written contractual conditions, so that it faithfully renders the original agreement of the contracting parties.