Shareholders’ AgreementShareholders’ Agreement • July 24th, 2020
Contract Type FiledJuly 24th, 2020A Shareholders’ Agreement (“aandeelhoudersovereenkomst/pacte d’actionnaires”) is a contract whereby two or more shareholders agree certain matters relating to their shareholding in a company. For example, most agreements of this type include provisions regarding the transfer of the shares, the representation within the board of directors, and voting arrangements in the general assembly of shareholders. Other arrangements found in a shareholders’ agreement are such things as dividend distribution rules, reporting obligations, exit arrangements and corporate governance rules. Particular attention must be given to the duration of the agreement and to its relationship with the articles of association. Concluding a shareholders’ agreement that may be considered to be of indefinite duration should be avoided. When considering each clause, it should be assessed whether it should be included into just the articles of association, into just the agreement or, with respect to clauses that are not