10 Tips for Drafting Better Shareholder and Operating Agreements
By Yoel Molina, Esq.
E-mail: fd@molawoffice.com and office: 305-548-5020 2655 S.
Lejuene Road, Suite 500 Coral Gables, Fl. 33134
As a business owner or corporation shareholder, it is essential to have a well-drafted shareholder agreement or operating agreement in place to protect your interests and ensure the success of the company. Here are 10 tips for drafting better shareholder and operating agreements:
-
Clearly define the purpose of the agreement and the roles and responsibilities of each party involved.
-
Address the issue of ownership and the percentage of shares or membership interest held by each party.
-
Include provisions for how new shareholders or members can be added or removed from the agreement.
-
Establish guidelines for decision-making, including the process for voting and the percentage of votes required to make decisions.
-
Address the issue of stock transfer and include provisions for how and when shares can be sold or transferred.
-
Include provisions for the protection of the company's confidential information and intellectual property.
-
Establish a clear plan for the distribution of profits and losses among shareholders or members.
-
Include provisions for the dissolution of the company or the termination of the agreement.
-
Address the issue of dispute resolution and establish a process for resolving conflicts between parties.
-
Seek the guidance of a corporate attorney to ensure that the agreement is legally sound and enforceable.
In summary, a well-drafted shareholder agreement or operating agreement can provide a framework for the successful operation of a corporation or LLC. By following these 10 tips, you can ensure that your agreement is clear, comprehensive, and protects the interests of all parties involved. As a corporate attorney with a 5-star rating on Google and an excellent rating on AVVO, I invite you to contact my office to schedule a consultation and discuss how we can help you draft a better shareholder or operating agreement.
Please Click Here To Set an Appointment To Discuss This Article Further
Please note that this is not legal advice and is considered advertisement.