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What is a Shareholder Agreement? Should my Company have one?

Where a Company has more than one owner, a Shareholder Agreement is used to create the rules and procedures that govern the voting and transferability of the Shares.  The terms of the agreement generally include limitations of Voting Shares, restrictions on the transfer of Shares, and a method for determining the value of Shares transferred between Shareholders.

A Shareholder Agreement is used to protect Shareholders and the continuity of the Company in certain events. It acts as a backstop to protect the Company and Shareholders where there is a disagreement on the operations and/or ownership.

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