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Simple Shareholder Agreement
This is a darn good Shareholder Agreement ideal for a new company starting up.
What's in the box?
- 1 editable Microsoft Word Template that guides you through all the steps you need to build a legally binding Shareholder Agreement.
How do I use this agreement?
- Click buy now and follow the prompts to pay.
- Download the Agreement.
- Complete a few details in the template.
- Get all the shareholders and 2 directors of the company to sign the Agreement, and stick a date on it.
- Bam! You have got yourselves a Shareholder Agreement!
How do I make this agreement legally binding to all the shareholders?
- Every shareholder needs to sign it, and 2 directors of the company. Whack a date on it and make sure everyone has a copy.
Who is this agreement right for?
- A group of shareholders or 1 shareholder looking to setup a vanilla run of the mill company.
What types of companies is this right for?
- Australian companies.
- Any state or territory of Australia.
- Not ideal for overseas companies.
Who wrote this agreement? Do they know what they are doing?
- It was I, Brenda Saveluc, I've been writing these agreements for almost 9 years now. I'm an accountant and a lawyer. This is my speciality. I've literally seen 100's of Shareholder Agreements from the biggest clients and top tier legal firms, and I have used that experience to create this masterpiece of a template. It took me over 60 hours just to pull this template together, I may be a mild perfectionist... but I guess that obsession is what drove me to write this template. Just so you know, this agreement doesn't take into account any super detailed and special circumstances or weird arrangements. Its very much suited to the vanilla and regular company that people want to setup. If you have a more complex situation, I suggest you drop me an email here and I can refer you to someone who can add the relevant clauses you need to the template. It will save you a whole bunch of legal fees by having this agreement already filled in and ready to go when you speak to a lawyer about your special requirements. Get your accountant or tax guy to advise you on all the tax stuff that does along with having a company and a business (which is actually super important).
Other Frequently Asked Questions:
- How many directors do I need?
- You have to have at least 1 director that is "ordinarily resident" in Australia (that is, they live in Australia most of the time). If you have a public company then you need to have a minimum of 3 - but if you have a normal Pty Ltd company then you only need one.
- What is a company secretary?
- A company secretary is someone who takes care of all the admin and governance stuff to do with a company - they make sure the share registers are up to date, that board meetings are run properly, that correct company records are kept.
- It isn't compulsory for a Pty Ltd company to have a company secretary - but it is for a public company (check out the different types of companies here).
Check out more questions here.
Use of this Shareholder Agreement does not constitute legal advice and legal practice, as that term is defined in the Legal Profession Uniform Act (NSW) 2015 or the equivalent laws of any other state or territory, has not been engaged in. Get tax and accounting advice.
What does that mean?
"We can't give you legal advice because we don't know your specific circumstances, so you can have our template but you need to be cool that it isn't formal legal advice. Get tax and accounting advice."
Do I really need a Shareholder Agreement?
As much as we all love a good legal agreement, do you actually need one to run your business?