You will understand, of course, that the content of a shareholders` agreement will ultimately be determined by the specific facts of each situation and by the relative strength of the negotiations between the different parties. However, most shareholder agreements cover the following areas: in private companies, it is customary to impose on a shareholder who wishes to sell his shares the obligation to allow some shareholders or all members to buy them. These are also called « pre-emptive rights » and are most often found in the Constitution for reasons that I will explain later. Businessmen who run a business through a public limited company (often obtained at a relatively low cost from a start-up agency) often do not fully understand the purpose or impact of the Constitution, or even the differences between the Constitution and a shareholders` agreement. The law also grants shareholders certain remedies, often with a claim for damages for infringement or any other facility. Pursuant to section 212 of the Act, the High Court has very broad powers to settle shareholder disputes if the court finds that the affairs of the company are being managed or that the powers of the directors of the company are being exercised in a manner that oppresses a shareholder or does not respect the interests of a shareholder as a member of the company. Pursuant to section 212, the High Court may issue an order it deems appropriate, including the ordering or prohibition of an act, the cancellation or variation of a transaction, or to regulate the management of the affairs of the corporation in the future or for the purchase of a shareholder`s shares. Often, in cases like this, the High Court will order a shareholder to buy the shares of another shareholder and may order the company to buy back the shares of one or more shareholders. In addition, a dissatisfied shareholder may also apply for an injunction within the meaning of Article 569 of the Law on the Liquidation of the Company. Again, the High Court can issue such an injunction if it considers it to be fair and equitable.
We also sell a simple share subscription contract for uninhibited transactions that do not require the guarantees that other documents have. While it is customary for a shareholder with a substantial interest to hold a position on the board of directors of a company, the law does not grant a shareholder holding a minority interest the right to hold a position on the board of directors of a company. In addition, standard constitutions do not grant such a right. . . .