Shareholders’ agreements — a practical analysis
By Emmet Scully
This paper discusses shareholders’ agreements with a particular emphasis on private companies limited by shares.
The focus of this paper is on shareholders’ agreements as they apply to early-stage companies and in particular private companies limited by shares, which are by far the most common type of company in Ireland.
Put simply, a shareholders’ agreement is essentially a contract between some or all of the shareholders in a company and frequently the company itself. The basic purpose of a shareholders’ agreement is to provide how the company is to be managed and, as far as possible, to prospectively address issues that might otherwise become divisive in the future if not agreed in advance. Certain important points flow from the basic fact that a shareholders’ agreement is a contract…
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