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48 Broadway, Peterborough Cambridgeshire, PE1 1YW

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01780 752 066 01780 762 774 enquiries@hegarty.co.uk

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  • Protect your business, secure your company’s future, and prevent costly disputes with professionally drafted and tailored shareholder agreements from Hegarty.

    Protect Your Business with Expert Shareholder Agreements

    At Hegarty, we help shareholders’ safeguard their interests with robust, tailored shareholders’ agreements. Whether you’re launching a new business or scaling an existing one, having a clear, enforceable agreement between shareholders is essential to your company’s success and stability.

    What Is a Shareholders’ Agreement?

    A shareholders’ agreement is a legal contract between the shareholders of a company that outlines:

    • Shareholder rights and responsibilities
    • Voting rights and decision-making powers
    • Rules for transferring or selling shares
    • Procedures for resolving disputes
    • Policies for profit distribution and reinvestment
    • Exit strategies and succession planning

    The agreement works alongside your company’s articles of association, providing a detailed framework to guide internal relationships and protect all parties involved.

    Why Your Company Needs A Shareholders’ Agreement

    Without a shareholders' agreement, your business may be exposed to unnecessary risk. Here's how a well-drafted agreement protects and empowers your company.

    1. Prevents Disputes

    Clear roles, responsibilities, and voting structures reduce the chance of internal conflict.

    2. Protects Minority Shareholders

    Ensures fair treatment and includes safeguards like tag-along and pre-emption rights.

    3. Controls Share Transfers

    Avoids unwanted outsiders gaining ownership with provisions like a right of first refusal.

    4. Supports Business Continuity

    Plans ahead for exits, succession, or shareholder departures without disrupting business operations.

    5. Provides Clarity

    Gives legal backing to decisions and sets expectations, reducing ambiguity and risk.

    The Risks of Operating Without a Shareholders’ Agreement

    • Deadlock: Companies generally work on a basis of majority decision making. Without deadlock provisions, equal shareholders can reach a deadlock in decision-making, leading to conflicts that distract from the business's main goals.
    • Forced Partnerships: When shares are transferred without any restrictions, there may be a necessity to collaborate with third parties that are not preferred or desired.
    • Unjust Share Valuations: When there are no established valuation methods in place, departing shareholders risk walking away with much less than what their shares are truly worth.
    Analyzing 1059111
    • Succession Uncertainty: When a key shareholder passes away or becomes unable to fulfil their role, it can throw everything into disarray—unless there's a solid succession plan in place. The lack of foresight in these situations can lead to uncertainty and turmoil for the business.
    • Expensive Litigation: When disputes arise without a clear path to resolution, they often spiral into lengthy litigation, racking up legal fees that can soar into the tens of thousands. Avoiding this nightmare is key to protecting your finances.

    As corporate law specialists, we understand the catastrophic impact these situations can have on even the most successful businesses. A well-crafted agreement acts to mitigate your risks.

    When Should You Put One In Place?

    • When forming a new company
    • When adding new shareholders or investors
    • When raising capital or restructuring
    • When preparing for growth, succession, or exit

    The earlier you implement a shareholders’ agreement, the better positioned you are to manage risk and maintain control. However, implementing a shareholders' agreement at any time is better than not at all.

    Tailored Legal Support For Your Company

    We don’t believe in one-size-fits-all solutions. Our experienced corporate lawyers will work closely with you to draft an agreement that reflects your business goals, protects your interests, and strengthens your shareholder relationships.

    1. Initial Consultation - Let's dive into your business together! We'll explore your unique structure, clarify your goals, and identify any potential challenges you might face. This is your opportunity to shine a light on your business and strategise for success.
    2. Tailored Drafting - Our team of corporate law specialists will create a bespoke agreement addressing your specific requirements.
    3. Jargon-Free Review - We clarify every clause in simple, straightforward language so you fully understand what you're signing.
    4. Future-Proofing - We are forward thinkers who draft with growth in mind as well as changing circumstances.
    5. Ongoing Support - As your business grows and changes, we’re here to ensure your agreement evolves right alongside it.

    Our skilled corporate specialists have drafted numerous shareholders' agreements across various industries, providing us with insights into the unique challenges your business might encounter.

    Ready to Protect Your Business?

    Get in touch today to speak with our corporate legal team about putting the right shareholders’ agreement in place.

    Andrew Heeler

    Partner

    Head of the Corporate Department

    Hamzah Ajaib

    Solicitor | Corporate Law

    Shannan Dawson

    Legal Assistant | Corporate & Employment Law

    Our Shareholders’ Agreement Services

    Comprehensive Agreement Drafting

    Starting from scratch? We will draft and tailor a shareholders’ agreement designed specifically for your business needs.

    Starting from £1,500 +VAT (20%)

    Agreement Review & Update

    Do you have doubts about whether your current shareholders' agreement truly aligns with your business goals and meets legal requirements? Let's explore how we can ensure it provides the protection and framework you need for success.

    Fixed fee: £400 +VAT (20%) (up to 5 pages)

    Dispute Resolution & Mediation

    Don't let conflicts or misinterpretations among shareholders hinder your progress. Seek our expert help to resolve disputes and gain clear insights, empowering your team to confidently move forward.

    Frequently Asked Questions About Shareholders’ Agreements

    What is the difference between a shareholders’ agreement and articles of association?

    While both documents govern how your company operates, articles of association are public documents filed with Companies House. A shareholders’ agreement is private, more flexible, and can address confidential matters like dispute resolution, share valuation methods, and dividend policies.

    Do I legally need a shareholders’ agreement in the UK?

    No, shareholders’ agreements aren’t legally required. However, operating without one exposes your business to significant risks and potential disputes that could be easily avoided. It’s considered essential best practice for any company with multiple shareholders.

    How much does a shareholders’ agreement cost?

    The cost varies depending on your business complexity and specific requirements. At Hegarty, we offer transparent, pricing starting from £1,500 +VAT(20%) for standard agreements. Contact us for a personalised quote based on your needs.

    Can I write my own shareholders’ agreement?

    While template agreements are available online, these rarely address the specific needs of your business and may contain provisions that aren’t appropriate or that miss critical areas. Professional legal advice ensures your agreement is comprehensive, enforceable, and tailored to your specific circumstances.

    What happens if a shareholder wants to sell their shares?

    Without a shareholders’ agreement, there are few restrictions on share transfers. A well-drafted agreement can include provisions like a right of first refusal, ensuring existing shareholders have the first opportunity to purchase shares before they’re offered to outside parties.

    How often should a shareholders’ agreement be reviewed?

    We recommend reviewing your agreement every 2-3 years or whenever significant business changes occur, such as new investment, changing business direction, or adding/removing shareholders.

    Photo by Héctor J. Rivas

    Secure Your Business Future Today

    Don’t leave your business vulnerable to disputes, deadlocks, and uncertainty. Our corporate law specialists are ready to help you create a shareholders’ agreement that protects your interests and provides a clear framework for success.

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