What should I include in my Shareholder Agreement?

Most shareholder agreements will address the following core issues with appropriately customized terms: (a) decision making; (b) restrictions on share transfers and ownership of shares; (c) financing; (d) pre-emptive rights; (e) rights of first refusal; (f) mandatory sales of shares; (g) conflict resolution; (h) non-competition, non-solicitation, and non-disclosure; and (i) shareholder exit strategies. Decision making [...]

What is a shareholder agreement and why do I need one?

A shareholder agreement is a written agreement between shareholders, which sets out shareholder rights, protections, and obligations; the method by which shares will be valued; and how the corporation and its business will be structured, managed, and operated. A shareholder agreement can ensure that shareholders are treated fairly and can minimize disagreements by clarifying how [...]

Incorporation (Part 5): Your first meeting with a lawyer

Once you have gathered the necessary information, and if you have decided to incorporate, the next step is to meet with a business lawyer who will start-up and help maintain your corporation with the best interests of your business in mind. To streamline and tailor your experience with your lawyer, it is helpful to prepare [...]

Incorporation (Part 4): How and when?

How do I incorporate? If you would like to incorporate your business, enlist the professionals who will guide you through starting up, maintaining, and operating your corporation. A corporate accountant can work with you to uncover potential tax benefits, develop a suitable share structure, and, once your business is incorporated, he/she can produce annual financial [...]

Incorporation (Part 3): Extra considerations

To plan for the creation and future maintenance and operation of your corporation, there are some important issues to consider, such as: (a) the impacts of pre-existing contracts on your new corporation, (b) using and registering trade names, (c) transferring your personal assets to your corporation, (d) having a secondary will, (e) entering into a [...]