When drafting a shareholder agreement, there are several key considerations that must be taken into account to ensure the smooth operation of the company. These may include provisions related to voting rights, share transfers, dispute resolution, and the distribution of profits. However, there are also a few things that should not necessarily be given special attention when drafting a shareholder agreement. Here are a few examples:
1. Personal relationships between shareholders: While it is certainly important to maintain positive working relationships between shareholders, this should not be a primary focus when drafting a shareholder agreement. Instead, the agreement should focus on establishing clear rules and procedures for decision-making and dispute resolution, regardless of personal feelings.
2. Short-term business goals: A shareholder agreement should be designed to facilitate the long-term success of the company, rather than to achieve short-term objectives. While it is important to set realistic targets and milestones, these should not be the sole focus of the agreement.
3. Specific financial details: While the distribution of profits and dividends is an important consideration when drafting a shareholder agreement, it is not necessary to include specific financial details such as revenue projections or expense breakdowns. Instead, the agreement should establish a framework for financial decision-making and reporting.
4. Employee compensation: While it may be tempting to include provisions related to employee compensation in a shareholder agreement, this is generally not necessary. Instead, such details should be addressed in a separate employment agreement or policy document.
5. Technical jargon: A well-drafted shareholder agreement should be clear and understandable to all parties involved. While there may be some technical terms or legal language that are necessary, the agreement should not be overloaded with incomprehensible jargon.
In conclusion, when drafting a shareholder agreement, it is important to focus on the key considerations that will facilitate the long-term success of the company. While personal relationships, short-term goals, and specific financial details may be important, they should not detract from the primary goal of establishing clear rules and procedures for decision-making, dispute resolution, and financial management. By balancing these considerations, a well-drafted shareholder agreement can help ensure the smooth operation of the company and minimize the risk of conflicts and disputes among shareholders.