The time of sealing agreements with a handshake has passed and it is now necessary to agree in writing how the partners will relate to each other and to the company. The partners’ agreements allow to establish from the first moment the bases of the operation of the company, the roles that each one will assume, or how the decisions will be taken.
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We provide personalized advice to the company throughout its evolution, from the early stages of incorporation, through its maturation and expansion. But also in situations of cessation of activity and subsequent dissolution. Helping the client in an objective way to take the best decisions at all times.
The shareholders’ agreements are a very useful tool, a private document (although it can also be made into a public deed) in which the partners freely regulate the rules that will govern their corporate relations between them.
The partners’ agreements allow to regulate, among others, the following matters:
- Partners who will provide services.
- Functions to be assumed by each of them (avoiding interference).
- Commitments of permanence of the key partners of the project.
- Agile ways of convening and holding meetings.
- Reinforced majorities in the taking of certain key decisions.
- Transfer of shares (obligations and limitations).
- Formulas for resolving conflicts between partners (to avoid legal disputes).
- In addition, it allows establishing penalties for those partners who do not comply with the obligations assumed when signing the shareholders’ agreement.
Obviously the optimal time to negotiate and sign these agreements is at the time of incorporation of the company, but there are also other milestones in the life of the company that open the door to sit down with the partners to reflect, share and sign this pact. For example, when new partners are expected to join the company, when a new business area is to be developed or when it is necessary to obtain financial resources from outside the company.
We help our clients, of different sizes and sectors of activity, to create partner agreements tailored to their needs, or to modify them according to the changes that the company undergoes.