Share Holder Agreement

A shareholder agreement is a written contract that specifies each shareholder’s rights, duties, and responsibilities inside a firm. Although a shareholder’s agreement is not required in India, it is seen as a crucial document for the management and operation of a business. It can assist in defining the company’s ownership structure, decision-making procedure, and dispute resolution procedures. Restrictions on share transfers, dividend payments, and other significant issues that might not be addressed under the company’s articles of association or memorandum of association can also be included in the agreement. A shareholder’s agreement guarantees the firm runs smoothly and helps to prevent miscommunications and disputes between shareholders.
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    How to get a Share Holder Agreement

    Apply for Digital Signature Certificate (DSC)

    A Digital Signature Certificate (DSC) is used to verify identity and secure online transactions. To apply, submit identity proof to a certifying authority. Once issued, it allows you to sign documents and use e-services securely.

    Apply for Director’s Identification Number (DIN)

    To apply for a Director’s Identification Number (DIN), submit an online application to the Ministry of Corporate Affairs (MCA) with personal details and identity proof. It’s required for anyone wishing to be a company director.

    Apply for Digital Signature Certificate (DSC)

    To apply for a Digital Signature Certificate (DSC), submit an online application to a certifying authority with your identity and address proof. DSC is required for securely signing electronic documents and transactions.

    Draft MoA and AoA

    The MoA covers the company’s name, objectives, liability, and share capital, while the AoA details internal rules on shares, directors, meetings, and winding up. Both are essential for company registration and operation.

    File e-forms with ROC and pay Govt. Fees and Stamp Duty

    Log in to the MCA portal, fill out the required e-forms, upload documents, pay government fees and stamp duty, and submit for ROC approval. Once approved, you’ll receive a registration acknowledgment.

    ROC issues Certificate of Incorporation

    Once the ROC approves the submitted e-forms, it issues the **Certificate of Incorporation**, officially confirming the company’s registration and legal existence.

    Benefits of Share Holder Agreement

    Defines Ownership

    Clarifies ownership structure and decision-making process.

    Share Transfer

    Specifies restrictions on transferring shares.

    Duties and rights

    Outlines rights, obligations, and responsibilities of shareholders.

    Dispute resolution

    Provides a mechanism for dispute resolution.

    Interest of Shareholders

    Protects the interests of minority shareholders.

    Prerequisites for Share Holder Agreement

    Deliverables of Share Holder Agreement

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    Basic

    11900

    • Company Name Precheck
    • Certificate of Incorporation
    • 1 DSC & 1 DIN
    • PAN & TAN
    • eMOA & eAOA
    • (1 Indian Director, 1 Shareholder and Authorised Capital of Rs. 1,00,000)

    Premium

    29900

    • Company Name Precheck
    • Certificate of Incorporation
    • Commencement of Business
    • 1 DSC & 1 DIN
    • PAN & TAN
    • eMOA & eAOA
    • GST Registration
    • (1 Indian Director, 1 Shareholder and Authorised Capital of Rs. 1,00,000)

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    Frequently asked Questions

    A shareholders agreement is a written contract that outlines the rights, duties, and responsibilities of a company's shareholders toward the business and one another.

     

    When it comes to crucial matters like decision-making, share transfers, and business administration, a shareholders agreement can help guarantee that all owners are in accord.

     

    Of India, limitations on share transfers, voting rights, director appointments, and dispute resolution procedures are some of the most important clauses of a shareholders agreement.

     

    In India, the terms of a shareholders' agreement cannot clash with those of the Companies Act; in the event that they do, the Companies Act's provisions shall take precedence.

     

    Indeed, if one of the parties violates the conditions of the shareholders agreement, it can be enforced in court and is legally binding in India.

     

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    When I needed a critical business agreement drafted, NOVAM Legal delivered beyond my expectations. Their team was incredibly thorough, ensuring every clause was tailored to protect my interests while maintaining clarity and fairness. The level of detail and legal expertise they brought to the table was impressive, and they made sure to explain the complex legal terms in a way that was easy to understand. The entire process was seamless, and I felt confident knowing I had a well-crafted agreement in place. I would highly recommend NOVAM Legal to anyone in need of professional legal drafting services.

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    Raj G.

    A stress-free, professional experience with NOVAM Legal!

    When I needed a critical business agreement drafted, NOVAM Legal delivered beyond my expectations. Their team was incredibly thorough, ensuring every clause was tailored to protect my interests while maintaining clarity and fairness. The level of detail and legal expertise they brought to the table was impressive, and they made sure to explain the complex legal terms in a way that was easy to understand. The entire process was seamless, and I felt confident knowing I had a well-crafted agreement in place. I would highly recommend NOVAM Legal to anyone in need of professional legal drafting services.

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    Founder & CEO, Xentrix Corp.

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