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ARTICLE · 11 JANUARY 2016

Do I Really Need A Shareholders' Agreement?

In many ways the relationship between the shareholders of a company is akin to that of a marriage.

CanadaCorporate/Commercial Law
Lindsay Kenney LLP
Lindsay Kenney LLP

In many ways the relationship between the shareholders of a company is akin to that of a marriage. In both cases the parties involved set out with the best of intentions but there are bound to be both good and bad times as circumstances change along the way. One can think of a shareholders' agreement as being equivalent to a marital agreement for a company. You hope to never need it but will surely be glad it's there in case you do.

During the initial honeymoon phase of operating a company, the shareholders may be cruising along and on the same page with respect to all important business decisions. The company may be growing fast and it may even be starting to show a profit. In these good times it may be difficult to see why a shareholders' agreement may be needed. Things are working great now, why should they change? Why do today what you can put off thinking about until tomorrow?

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