In any company, the Articles of Association are critical – they bind the members and govern the way in which the company is run. Who appoints and dismisses the directors? Are any issues reserved for unanimous or qualified majority decision? Are minority interests protected? Are there suitable restrictions on the transfer of shares outside the family or other chosen group? Such questions must be regulated in the Articles because they will govern the legal position in the event of a dispute.
A Shareholders’ Agreement sets out the private agreements of the shareholders: it is a private document – unlike the Articles, which are a public document filed at Companies House. Hunters’ corporate team regularly advises on:-
- setting up and structuring companies
- company secretarial and administration issues
- drafting and amending Articles to suit shareholder structures and wishes
- shareholders’ agreements
- Directors’ duties and corporate governance