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ARTICLE · 06 MAY 2023

It Depends – Do I need a shareholder agreement?

Cooper Grace Ward
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A shareholder agreement is a tailored document that governs how the shareholders of a company interact with each other.

AustraliaCorporate/Commercial Law

In this edition of 'It depends', partner Clinton Jackson talks about what a shareholder agreement is and whether you need to have one.

Video transcript

Welcome to this edition of It Depends. Today I'm talking about whether you need a shareholder agreement.

What is a shareholder agreement?

A shareholder agreement is a tailored document that governs the rules between how shareholders of a company interact with each other and deal with the administration of a company.

How is a shareholder agreement different to a constitution?

A constitution for a company sets out the basic rules needed to operate the company. Although it's not essential to have a constitution, most companies do have a constitution that does set out the basic operational rules. That's different from a shareholder agreement because a shareholder agreement is much more tailored to your specific needs and deals with more comprehensive issues in relation to how the shareholders interact

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This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.

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