Should a shareholder be allowed to transfer shares to counterparties or other companies in which he or she is a shareholder (or to corporate companies)? As a loan capital or as equity capital? Loans are a safer “investment” because they can be repaid more quickly and primarily with shareholders` equity and can be secured by the company`s assets. The other aspect of the coin is that if it has a minority stake, if it does not have additional protection under a shareholder pact: we successfully plan and prepare joint venture agreements and shareholder agreements and discuss the differences between a joint venture agreement and a shareholder pact. Contact us, your lawyer in Florida and help you plan and execute a joint venture agreement or shareholder agreement. A shareholders` pact contains provisions that specify, among other things, the number of shares issued, the fair share price, the shareholders and their share of ownership, the decision-making process of a new shareholder and restrictions on share transfers. If you have a majority stake, you may be able to ensure that the company`s business and assets are sold as a current business, so that the proceeds of the sale are distributed by dividends or return on investment in a subsequent liquidation between shareholders. Association agreement: an agreement between two or more … Plus, and to a lesser extent, the company`s statutes will be rules such as: o Should they have to transfer shares to other shareholders? A return on their investment? The dividend flow? Return on investment? Should one of the shareholders take precedence over dividends? For the return on capital? Dividend coupons? There is a lot you can do by creating different classes of shares with different rights on dividends and returns on investment. Should the chairman of a shareholder meeting or board meeting vote? Who should be the president? Who are you dealing with? Should there be restrictions on which shareholders can sell their shares? If you have more than 50% of the voting shares, you can decide when you distribute dividends. Otherwise, shareholders will not have an automatic right to dividends. Do shareholders have to agree in advance on dividend policy measures? It receives dividends only if the controlling shareholders choose to pay them, if the interests of the shareholders are represented by their directors appointed to the board of directors, most of the issues can be resolved by the board of directors. But beware, if the interests of a shareholder are really different from those of the company itself, an appointed director might not comply with his obligations as a director if he votes as decided by his nominating shareholder. It may therefore be helpful to ensure that certain issues are decided or ratified by the shareholders themselves. My approach is to recommend that the parties to a joint venture consider and agree on how they plan to deal with all potential issues; should then try to keep the company structure, articles and each shareholder pact as clean and simple as possible.