When a closely held business is formed in Georgia between two or more persons, it is essential that those owners enter into a written shareholder/owner agreement to memorialize the agreement of the owners in certain significant areas. A shareholder/owner agreement should cover issues such as buyouts in the event of death, disability or retirement of a shareholder/owner and insurance to fund certain types of buyouts. It should cover restrictive covenants which would restrict a departing shareholder/owner from competing with the entity and agreements on who will be the officers and directors or managers of the entity. Finally, it should regulate the admission of new shareholders/owners and should provide safeguards for minority positions.
There are many other topics a shareholder/owner should cover and the specific topics addressed in a shareholder/owner agreement will depend on the facts and circumstances of each particular case.
Mr. Raines counsels you on a myriad of issues including but not limited to:
- the rights and obligations of majority and minority shareholders, officers and directors
- the need for protective procedures to be built into the business structure to ensure that officers and directors are discharging their duties in good faith and in the best interests of the corporation
- understanding corporate procedures and compliance, voting, resolutions, etc.
- conflict resolution: negotiation, mediation, and arbitration
- unfair or illegal actions, fraud, breach of fiduciary duty, trade secrets, unfair competition
- employment questions of compensation, severance, pension benefits, stock plans, wrongful termination, non-compete agreements, policy manuals, employment agreements, confidentiality agreements, etc.
- business succession planning
- corporate restructures, asset sales and purchases, stock sales and purchases, mergers and acquisitions, corporate takeovers
- interpretation and enforcement of partnership and shareholder agreements
- breach of fiduciary duty, insolvency, bankruptcy, commercial debts.
You need an experienced attorney to draft a shareholder/owner agreement for your corporation. Mr. Raines is experienced in negotiating and drafting shareholders/owners agreements and can help you negotiate and draft a shareholders agreement which will protect your interests and help your corporation grow.
For over forty years, our clients have relied on Thomas E. Raines, PC to help them make prudent business, financial, and personal decisions in connection with Shareholder/Owner Agreements. If you, your business or organization needs assistance in the area of Shareholder/Owner Agreements, please contact our Atlanta Business Lawyer at Thomas E. Raines, PC immediately at 770-263-0093 or via email through the contact portion of this website by email.