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    Shareholders Agreement Key Clauses

    Thursday 7th October 2021

    The shareholders` agreement may also contain towing and tag along clauses that define what happens when a third party wants to buy the entire company. Pull with and mark clauses that define the rights of majority and minority shareholders when this happens. The shareholders` agreement also defines how to appoint a director. For example, a notification may be required or a solution may need to be adopted. The shareholders` agreement should also set out the arrangements for the removal of a director from his or her post. Typically, a director can be removed by: “Drag-along”: The Drag-Along clause is very important for a fund and settles a case where, when the venture capital fund receives an offer from a third party in good faith, buy 100% of the shares of the startup, the rest of the shareholders are forced by the fund to transfer their shares in these third parties. The offering shareholder has thus “killed” himself and caused his own exit from the management of the company and the commitment of the directors – these clauses specify the day-to-day management of the company and can deal with issues such as the appointment, appointment, dismissal, remuneration of directors; decision on the undertakings to be carried out; Account management, etc. A valuation clause defines a method for determining the value of shares. Since this is not a listed company that can easily determine the value of its shares, a private company is well served for various reasons to have a valuation clause. This clause defines how the value of the shares is determined, which becomes necessary if the shareholders want to sell their shares or when one shareholder dies and the other shareholders want to buy those shares. An evaluation clause is essential and aims primarily to avoid disputes, for example.

    B when a shareholder wishes to withdraw from the business, in the event of retirement or for other reasons In Nigeria, shareholder agreements are generally governed by contract law and the Companies and Allied Matters Act (CAMA) 2004. The CAMA governs the scope of the shareholders` agreement, while other issues are largely covered by contracts. . . .


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