Shareholders’ agreements

Disagreement among shareholders

Although you naturally operate on the assumption that you will not become embroiled in any irreconcilable conflicts with your fellow-shareholders, it does make sense to plan for such an eventuality. A carefully worded shareholders’ agreement can prevent many problems. By drafting an effective disputes procedure, we can help you resolve conflicts if they do occur.

Problems can easily arise as a result of vagueness or ambiguities in shareholders’ agreements. Clear arrangements are indispensable, alongside your company’s articles of association. Take issues like decision-making, situations in which shareholders are obliged to sell or buy shares, and the calculation of the value of the shares in such cases. The new Flexibility and Security Act (known as the Flexwet in Dutch) came into force on 1 October 2012. Under this law, companies are no longer obliged to include clauses in their articles of association restricting the transfer of shares. For this reason, it is advisable to make alternative arrangements either in the articles or in a shareholders’ agreement.

We will be pleased to advise you on how to prevent and resolve disputes among shareholders.