The importance of careful drafting – discounting employee shareholders
October 2024 Rating system: Reading time (1-10 minutes): 7ish Sophistication level (1 (idiot) – 10 (expert)): 6 Entertainment value (1 (turgid) – 10 (side-splitting)): 6? As well as my series of Guides on areas such as share sales, joint ventures and shareholder investments and arrangements, I also do the occasional article which I put in... Read More
Selling your business or your company – what’s the difference?
When first speaking to company owners who are thinking of selling up, I am often surprised by how many of them have not thought about the many differences between a company sale (ie selling the shares in a company) and a business sale (ie a company selling its business and assets as a going concern). And even when speaking to quite savvy business owners or accountants and other professional advisors I am often surprised at how they have not appreciated some of the differences between these two types of deals.
So, in this series of Guides, I am going to explain lots of ways in which company sales and business sales are different, which you should ideally be aware of if you are a business owner who might ever want to sell (or buy) a business (or a company…).
Ways to deal with fallouts in deadlock companies
Some guidance as to other possible ways and strategies to help you resolve a deadlock, including how you can use the courts to help.
Shareholder fall-out – how a shareholders agreement can help to break through the resulting paralysis
This Guide explains various different ways in which a shareholders agreement might provide to break through any paralysis which could otherwise be caused by a fallout between the owners of a deadlock company.
50:50 companies – how to prevent deadlock paralysis
How having a well-thought-out and well-drafted shareholders agreement can help prevent the potential paralysis caused by a fallout between the owners of a deadlock company.
OnHand Counsel Guides Index
Shareholder arrangements and joint ventures: Read this and tell me you don’t need a shareholders agreement Explains the default position where you don’t have a shareholders agreement or tailored Articles of Association for your company. Is your shareholders agreement fit for purpose? A short introduction as to why you might need a shareholders agreement... Read More
The problem with 50:50 companies – deadlock paralysis
Deadlock companies - why deadlock paralysis can be such a pain and the basic ways in which you can prevent it.
The top questions any shareholders agreement needs to address
A meaty Guide setting out some key issues to address in any shareholders agreement, particularly one between founders
Shareholder agreements – preliminary questions for founders
This third Guide in my series sets out some questions founders should consider before they even think of divvying up the shares or asking someone to draft a shareholders agreement for them.
Is your shareholders agreement fit for purpose?
One size doesn't fit all - why you might need a shareholders agreement in different shareholder scenarios