Why You Need a Shareholders’ Agreement, and How to Structure It

Whether you are forming a new company or buying shares in an existing one, a formal shareholders’ agreement, tailored to suit your particular situation and needs, is essential. What is a shareholders’ agreement? It’s a contract between shareholders outlining the rights, responsibilities, and obligations of each shareholder, it provides a framework for the governance of…

Ombuds – Why and How to Use Them

“Who you gonna call?” (Ghostbusters) An “ombud” (often called ombudsperson, ombudsman or ombudswoman, and sometimes not referred to as an “ombud” at all) is an independent and impartial person or office who will investigate any complaint you may have against a business, government agency, or public or private institution falling under their authority. Ombuds seek…

Agreements Not to Sue – Tread Carefully!

“Agreements not to litigate are not necessarily unreasonable.” (Extract from judgment below) An “Agreement Not to Sue” undertakes that one party won’t take legal action against another. In other words, it’s a way of ensuring that disputes don’t end up in court. You might come across this type of agreement in many different situations, such…