Shareholders’ Deed


Page 24
Format Microsoft Word


Shareholders Agreement Template

What does this agreement do?
So, what is a Shareholders’ Agreement? A Shareholders’ Deed is a binding contract between the shareholders of a company, defining the shareholders’ rights, privileges, protections and obligations. With this Shareholders’ Agreement template, you can quickly and conveniently note down all of these terms to the agreement in a legally binding document.

Why do I need this?
While there is no legal requirement to have a Shareholders’ Deed, if you are starting up a proprietary limited company in Australia with another person, taking on the responsibility of being a director of that company and investing your time and money in that company, we highly recommend that you consider purchasing this Shareholders’ Agreement template in Australia, with Bayard Lawyers. In our experience, unexpected issues do arise between directors and shareholders, so it’s best to be properly prepared. Some of the key considerations that you can secure yourself against include:

  1. Unexpected Exit
    What happens if a shareholder dies or becomes unable to work. These issues are often not adequately dealt with in shareholders agreements. Our Shareholders’ Deed includes a clause that provides for the death or permanent disability of a shareholder.
  2. Director Appointments
    Our Shareholder Deed sets out the shareholders rights in relation to appointing Directors.Decision Making, Management, Obligations & Information. This is important as it covers the day to day management of the company how management decisions are to be made and all related shareholder obligations.
  3. Transfer of Shares
    This is a very important section of any Shareholders’ Deed as it sets out the rights and processes that relate to the transferring of shares between shareholders and third parties, including in the event that a shareholder no longer wants to be a shareholder of the company.
  4. Exit Strategy
    An exit strategy in a Shareholders’ Deed needs to include what happens in the event of a buy-out, sale of business and listing.
  5. Deadlocks & Disputes
    There are several ways in which deadlocks and disputes can be handled within a shareholder agreement. This Shareholders’ Deed includes specific clauses which can be amended to suit specific circumstances surrounding the company.

What’s the main benefit?
This agreement is designed to give a clear mandate to shareholders in the event of any exceptional circumstances or events such as those listed above. Purchasing this Shareholders’ Agreement template from Bayard Lawyers gives you the peace of mind that you’re protected against these situations should they occur, and you can be sure you’re getting a high quality document from our team of expert lawyers.

Additional key points

  • As a Shareholders’ Deed is a complex agreement we recommend that you review the Shareholders’ Deed Checklist and Directors’ Duties summary to consider a range of issues that can arise between shareholders and directors that need to be dealt with in the Shareholders’ Deed.

Frequently Asked Questions

  1. What will be included with my purchase?
    When you download one of our documents, you’ll receive a high-quality, industry focused legal document. If you need any additional advice or amendments, you can book an appointment with one of our specialist lawyers via the online form.
  2. How soon will I receive my document?
    Once you have completed the online payment process, the form will begin to download automatically. You will be asked for a location on your computer and where you want the form saved.
  3. Will my document be legally enforceable?
    Yes. All of our documents have been developed over many years and are based on specific industry experience. Once the information has been completed and signed by the parties, it becomes legally binding.
  4. Can I get personalised help with my document?
    Yes. Some of the documents may require specialist advice which Bayard Lawyers can provide. Simply book an appointment online to discuss your specific needs.
  5. Can I cancel my order?
    No. We regret that once payment has been authorised and the document downloaded, we cannot refund your money.