Fletcher Law’s Guide to Shareholders Agreements

What is a Shareholders’ Agreement? A shareholders’ agreement (SHA) is a contract between some or all of the shareholders of a company.  Pursuant to an SHA, shareholders agree to regulate the exercise of some of their rights as shareholders of a company. Why is it beneficial to have a SHA? As a shareholder, there are…

Understanding “Without Prejudice” Privilege

Frequently during commercial negotiations, and in an attempt to keep information they are disclosing from being used against them, parties use the phrase “without prejudice”. In many instances, this reference is made without a proper understanding of the term or its application. Use of the phrase is often misconceived as famously stated by Wells J…

Issues Associated with Heads of Agreement

A Heads of Agreement (HOA) or Memorandum of Understanding (MOU) is commonly used in business negotiations which have reached a certain point with final documentation pending.  A well prepared HOA provides the parties to a transaction with a framework for negotiating a final contract, evidences commitment for the benefit of third parties including financiers and…

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