FREQUENTLY ASKED QUESTIONS/What is included in my shareholders' agreement?/


What is included in my shareholders' agreement?

A shareholders' agreement is like a gentleman agreement. The provisions included in it provides for thing that haven't been determined in the Articles of Association of the company.

There are essentially two types of shareholders, the executive shareholders, who have a role in managing the company (finance, recruitment, organisation) and investors who do not have this role but can intervene in the process of decision-making when it comes to major matters regarding the development of the company or the investments.

During the incorporation of your company, Alf provides you with a shareholders agreement in order to guarantee you:

  1. the commitment of the founding shareholders

Entrepreneurs and investors are unanimous on this one: leaders must fully commit to the company in order for it to grow quickly.

  1. The protection of your company and its know-how:

Our provisions makes it mandatory for shareholders to comply with non-competition provisions.

  1. The fluidity when it comes to the entrance and departure of shareholders in the company:

The provisions included in our shareholders' agreement will make it easier for anyone to stay or to leave the company's share capital without hindering its growth. The regular leaver's clause makes it possible for any shareholder to leave the company or to switch roles in accordance with clear and simple rules. Beware however, an equal distribution of shares between two shareholders may lead to a deadlock situation, in the event of a dispute between shareholders.

  1. TRUST between partners

All shareholders have a right to information that is furthered strengthened when it comes to the company's accounts. The shareholders must establish the financial statements of the company every three months or do so on request.

  1. EQUITY for employees

Share employee ownership programs are planned from the incorporation of the company onwards, in order to leave room for other investors for the fundraisings to come next.

Alf provides you with a shareholders agreement that includes the best provisions in order to protect the company's founders. These provisions will also ensure a good balance between the rights and duties of each of the company's shareholder, specifically, the investors and managing shareholders. This distinction helps to outline the specificities of each shareholders' commitment towards the company.

The list below is non-exhaustive and solely for information purposes. We recommend you read all the documents provided to you. In your shareholder's agreement, you will find:

  • Non-competition and non sollicitation clauses
  • Leaver clauses in case of a breach of the shareholders' agreement or of the Articles of Association
  • Tag-along clauses
  • Clauses for shareholders' protection against dilution
  • Vesting clauses adapted to French law for the shareholders,
  • Provisions to protect Intellectual Property,
  • A strengthened right to financial information

The breach of a shareholders agreement is punished by the payment of damages.

Read more:

A clear presentation of the shareholders agreement

The violation of your shareholders' agreement and its consequences

The number of shareholders in your company

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