Restaurant Shareholder Agreement Template for Denmark

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Restaurant Shareholder Agreement

Document background
The Restaurant Shareholder Agreement is essential for any restaurant business in Denmark with multiple owners or investors. This document is particularly crucial when establishing new restaurants, bringing in investors, or formalizing ownership structures in existing establishments. It combines standard shareholder provisions with specific requirements for the restaurant industry, ensuring compliance with Danish corporate law, food service regulations, and licensing requirements. The agreement typically includes provisions for operational control, profit sharing, decision-making processes, and exit strategies, while addressing unique aspects of restaurant businesses such as licensing, food safety compliance, and operational requirements. It's particularly relevant for both new restaurant ventures and existing establishments looking to restructure their ownership or bring in new investors.
Suggested Sections

1. Parties: Identification of all shareholders and the company

2. Background: Context of the agreement and establishment of the restaurant business

3. Definitions: Key terms used throughout the agreement

4. Share Capital and Ownership: Details of share distribution, classes of shares, and capital structure

5. Management and Control: Governance structure, board composition, and decision-making processes

6. Restaurant Operations: Key operational requirements, licensing, and compliance obligations

7. Shareholder Rights and Obligations: Voting rights, dividend rights, and shareholder responsibilities

8. Transfer of Shares: Rules and restrictions on share transfers, including right of first refusal

9. Valuation: Methods for valuing shares and the business

10. Financial Matters: Capital contributions, profit distribution, and financial management

11. Competition and Confidentiality: Non-compete provisions and protection of business information

12. Default and Remedies: Consequences of breach and available remedies

13. Termination: Circumstances and procedures for terminating the agreement

14. Dispute Resolution: Procedures for resolving conflicts between shareholders

15. General Provisions: Miscellaneous legal provisions including governing law and notices

Optional Sections

1. Intellectual Property: Protection of restaurant concept, recipes, and branding - needed if the restaurant has unique IP

2. Employee Share Schemes: Structure for employee share ownership - include if planning employee participation

3. Multiple Location Provisions: Rules for expanding to multiple locations - include if planning chain operations

4. Family Succession Planning: Provisions for family succession - important for family-owned restaurants

5. Franchise Provisions: Requirements if the restaurant is or may become a franchise

6. Special Voting Rights: Additional voting arrangements for specific shareholders - include if needed

7. Tag-Along and Drag-Along Rights: Include for larger operations or when planning future sale possibilities

Suggested Schedules

1. Share Capital Table: Detailed breakdown of shareholding structure

2. Business Plan: Initial business plan and financial projections

3. Restaurant Premises Details: Location details and lease/ownership information

4. Licenses and Permits: List of required operational licenses and permits

5. Key Personnel: Details of key management and staff positions

6. Restaurant Equipment: Inventory of major equipment and assets

7. Menu and Concept: Description of restaurant concept and initial menu

8. Share Transfer Forms: Template forms for share transfers

9. Shareholder Loan Terms: Terms of any shareholder loans if applicable

Authors

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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