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Family Business Shareholders Agreement
"Need a Family Business Shareholders Agreement for our third-generation manufacturing business with 15 family shareholders across multiple branches, including specific provisions for next-generation entry and a family council structure to be implemented by March 2025."
1. Parties: Identifies all shareholders, the company, and any other relevant parties to the agreement
2. Background: Sets out the context of the family business, its history, and the purpose of the agreement
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Company Management: Details the management structure, board composition, and decision-making processes
5. Shareholders Rights and Obligations: Outlines core rights, voting procedures, and obligations of shareholders
6. Share Capital and Funding: Covers share structure, funding obligations, and capital contribution requirements
7. Transfer of Shares: Details restrictions on share transfers, pre-emptive rights, and permitted transfers within family
8. Family Employment Policy: Establishes principles for family member employment in the business
9. Succession Planning: Outlines succession planning requirements and transition procedures
10. Dividend Policy: Sets out the approach to profit distribution and dividend payments
11. Dispute Resolution: Details the process for resolving disputes between family members/shareholders
12. Exit Provisions: Covers circumstances and procedures for shareholder exit
13. Confidentiality: Establishes confidentiality obligations for business and family matters
14. General Provisions: Includes standard boilerplate clauses and general terms
1. Family Council: Establishes a family governance body - used for larger family businesses with multiple branches
2. Next Generation Development: Details programs for developing future family leaders - relevant for businesses planning generational transition
3. Family Member Loans: Regulates lending between family members and the business - used when family financing is common
4. Intellectual Property Rights: Addresses IP ownership and usage - important for businesses with significant IP assets
5. Family Values and Vision: Documents shared family values and business vision - useful for maintaining family culture
6. External Directors: Provisions for appointing and managing non-family directors - relevant for larger businesses
7. Family Member Benefits: Details additional benefits for family members - used when providing specific family perks
8. Business Expansion: Procedures for business growth and new ventures - relevant for growing businesses
9. Social Responsibility: Family business commitment to community - important for businesses with strong community ties
1. Schedule 1 - Shareholder Details: Current shareholders and their shareholdings
2. Schedule 2 - Company Constitution: Copy or reference to the company constitution
3. Schedule 3 - Share Valuation Methodology: Agreed method for valuing shares for transfers or exits
4. Schedule 4 - Reserved Matters: Decisions requiring special majority or unanimous approval
5. Schedule 5 - Family Employment Criteria: Specific requirements for family member employment
6. Schedule 6 - Dividend Calculation Formula: Method for calculating dividend distributions
7. Schedule 7 - Deed of Accession: Template for new shareholders joining the agreement
8. Schedule 8 - Family Business Rules: Detailed operational rules for family involvement
9. Appendix A - Family Business History: Historical record of the family business
10. Appendix B - Current Business Plan: Current strategic plan and objectives
Authors
Annual General Meeting
Appointed Director
Board
Business
Business Day
Business Plan
Company
Company Constitution
Confidential Information
Core Family Values
Deemed Fair Value
Directors
Disqualifying Event
Dividend Policy
Effective Date
Eligible Family Member
Employment Terms
Encumbrance
Fair Market Value
Family Advisory Board
Family Council
Family Member
Family Employment Policy
Financial Year
First Generation
Force Majeure Event
Founding Members
Good Leaver
Governing Law
Independent Director
Intellectual Property Rights
Key Management Position
Lineal Descendant
Management Team
Material Change
Next Generation
Non-Family Director
Notice
Permitted Transfer
Pre-emptive Rights
Qualifying Family Member
Reserved Matters
Resolution
ROFR Notice
Second Generation
Share Capital
Shareholder
Shareholder Loan
Shares
Special Majority
Special Resolution
Succession Plan
Tag-Along Rights
Transfer Notice
Valuation Date
Valuation Method
Definitions
Share Capital and Classes
Share Transfer Restrictions
Pre-emptive Rights
Tag-Along Rights
Drag-Along Rights
Board Composition
Management Rights
Shareholder Meetings
Voting Rights
Reserved Matters
Family Employment
Succession Planning
Family Council Governance
Dividend Policy
Funding Obligations
Non-Competition
Confidentiality
Intellectual Property
Dispute Resolution
Fair Value Determination
Exit Mechanisms
Death and Incapacity
Family Member Benefits
Related Party Transactions
Information Rights
Amendment Procedures
Termination
Governing Law
Force Majeure
Notices
Assignment
Severability
Entire Agreement
Family Member Entry
Business Valuation
Decision Making Process
Share Buyback
Default Events
Retail
Manufacturing
Agriculture
Hospitality
Professional Services
Construction
Real Estate
Food and Beverage
Automotive
Healthcare
Wholesale Trade
Transport and Logistics
Tourism
Education and Training
Technology Services
Legal
Corporate Governance
Executive Leadership
Family Office
Finance
Human Resources
Board of Directors
Succession Planning
Risk Management
Compliance
CEO
Managing Director
Family Business Advisor
Corporate Lawyer
Family Office Manager
Business Development Manager
Succession Planning Consultant
Chief Financial Officer
Company Secretary
Family Council Chair
Governance Officer
HR Director
Board Member
Family Business Mediator
Wealth Manager
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