Another protection for minority shareholders is that once in force, a shareholders` pact can only be amended with the agreement of all shareholders for the original agreement, while the company`s statutes can be amended by a majority of 75%. As a result, the former offers better protection. The issue becomes more difficult when the contract provides that it is terminated in the event of a violation of one of its terms by a party, but also aims to exclude the right of a party to terminate the continuation of the performance of the contract in the event of an infringement. Whether the exclusion of the common law is effective is a matter of treaty construction. If you feel that you need a shareholder pact to ensure the relationship between you and the shareholders/co-founders, call our legal team and we will support you every step of the way in your legal needs. The results of the terms of a shareholders` pact should be as follows: This just remedy is, like other just fixes, discretionary. When granted, the court orders the re-establishing the status quo ante, that is, the position in which the parties placed themselves before the contract, whereas when a contract is revoked for violation, the effect is not retroactive. This method is often used in relation to errors and misrepresentations. It can be a very important instrument in a shareholders` pact, in which the best solution might be to allow the parties to leave.
Commercial law puts an end to the existence of a company by liquidation, the details of which are outside the scope of this awareness. However, the distinction must be made between the termination of a shareholder contract and the liquidation of the company. Among the most common situations that may lead to the termination of a shareholder contract are: apart from the data protection element, companies with complex decision-making mechanisms designed to protect the interests of several shareholders can benefit from a bargaining advantage to a potential party that reads the Constitution by realizing the dynamics of the company`s internal power. The facts have the effect of terminating the obligations and responsibilities of shareholders under the original shareholders` pact. However, if shareholders wish to maintain certain provisions of the original shareholders` pact for the future, a corresponding clause must be introduced in fact.