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Shareholders Agreement

January 12, 2024

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What is a Shareholder Agreement?

A Shareholder Agreement is a contract that specifies the operation of the company and lays out the rights and responsibilities of shareholders in that specific firm.

Is it must have a Shareholder Agreement?

While it is not a legal requirement to have a Shareholder Agreement in Malaysia, it is advisable for companies to have one in place to protect the interests of all shareholders and to ensure the smooth operation of the company. Additionally, having a shareholder agreement can help attract potential investors as it demonstrates that the company has a clear and organized structure in place.

Importance of having a Shareholder Agreement

  • Have the ability to review the company’s financial records. Hence, shareholders can make educated decisions on corporate matters instead of making judgments out of the blue that could be detrimental to the business.
  • Transparency of voting rights among shareholders.
  • Assure that the shares are properly governed by their ownership.
  • It arranges how the business operates.

 

Why should a company have Shareholder Agreement?

  • Provide for the transfer of shares.
  • Protect majority and minority shareholders.
  • Offer of the dividend policy.
  • Clarify ownership and control.
  • Set procedures for decision-making.
  • Govern dividends and distributions.

 

What consequences if a company does not have a Shareholder Agreement?

  • Both the shareholders and the firm are exposed to potential future disputes.
  • The absence of an agreement could lead to a stalemate scenario if the shareholders cannot resolve their disagreements.
  • Especially if one of the stockholders is behaving unreasonably or is the one who started the argument because they were acting improperly.

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