Legal insight: Family businesses and shareholder agreements

Things to think about when setting up a business with a spouse

clock • 4 min read

In the first of a two-part series, Lawyer Tanya Shillingford looks at shareholders' agreements which can be viewed as a 'pre-nup' for business matters...

Whenever a group of individuals decide to set up a new business, we would always suggest they enter into a shareholders' agreement ("SHA") to agree, in advance, certain major issues regarding the management of the business. Think of it as a "pre-nup" agreement, and it's best to agree on the major matters at the outset while everyone is getting on with each other. Then if down the line there is a falling out, these matters have been pre-agreed.  An SHA is just as important (if not more so) where a married couple have set up a business together, as the couple will be investing their cas...

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