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ARTICLE · 23 NOVEMBER 2014

Foundations For Startup Success: The Shareholders’ Agreement

Startup founders frequently set their course for the stars. With sweeping vision, high spirits and grand plans, what could go wrong? Unfortunately, plenty.

CanadaCorporate/Commercial Law

Article by Rebecca A Kacaba, Mathew Goldstein and Andreea Andrei*

Startup founders frequently set their course for the stars. With sweeping vision, high spirits and grand plans, what could go wrong? Unfortunately, plenty. Building a successful company requires a solid foundation and advance planning to navigate key challenges. A properly drafted shareholders' agreement can be a roadmap through the foreseeable and unforeseeable twists and turns associated with growing a new business (e.g. bringing on new investors, selling shares, and even unlikely scenarios such as the sudden death or disability of a founder or key shareholder).

Snapchat's large and very public co-founder dispute illustrates the point. Snapchat's co-founders were sued by a former colleague claiming an ownership interest in the billion dollar company. While the dispute has apparently been settled, ambiguity over ownership is undesirable for an emerging company seeking to raise capital and grow.

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