List all parties, including individuals, individual participation companies and the company itself. Also display (here or in an appendix) the number of shares (and classes) held by each party. If new shares are issued by the Treasury, shareholders generally have the right to buy them before the company offers them to an external investor (to avoid dilution). If you use an outside investor (for example. B venture capitalist), these pre-emption rights would probably have to be waived. As with all shareholder agreements, an agreement for a startup often includes the following sections: Shareholder contracts of the publicly traded company must manifest themselves: what is the legal competence? Should also be routines such as meeting communications – addresses, etc. and other details, z.B. that the agreement is binding for heirs and successors. In the event of a breach of a shareholders` agreement, the aggrieved party is entitled to financial compensation from the defaulting shareholder. In the event of a violation of a provision inserted in the statutes, the interested shareholder may assert his rights against the defaulting third party and third parties, since the articles are published in the company`s register. The association contracts of the publicly traded company may not exceed three years and may be renewed at expiry. Indeterminate contracts may be terminated subject to a six-month period.
In the event of a mandatory takeover of a company, all shareholders who accept the takeover offer may terminate shareholder contracts without prior written notification. In Germany, shareholder agreements have mainly been discussed as a matter of corporate law, but are also of practical importance in publicly traded companies. Shareholder agreements take place mainly in family-run limited partnerships, but they are at least not disclosed as shareholders in all companies with different family members. The forms of shareholder agreements are: shareholder voting contracts (commitment contracts, share pooling, mutual understanding). Legally, shareholder agreements are considered a life partnership and, according to the Federal Court of Justice, shareholder agreements are undisclosed or internal life partnerships.