External financing and associated conditions are generally determined by a company`s board of directors and must be linked to all guarantees in a SHA. In this case, the SHA may stipulate that such external financing must be obtained without guarantee or support from shareholders (unless everyone gives their prior consent). While a SHA and the statutes were to be completed, a SHA may include a supremacy clause to ensure that the SHA annuls the statutes (in case of inconsistency, shareholders can then amend the articles accordingly). Because the statutes follow a legal model, they are not able to deal with matters that are unique to shareholders, as this would streamline the legal powers of the company. Conversely, a SHA can address all aspects of the shareholder relationship and address issues that are unique to those shareholders or that company, and even specify other agreements that must be concluded between individual shareholders and the company, such as contracts. B work, management agreements and technology transfer agreements (for example. B, intellectual property licenses, patents, trademarks or copyrights). Если Ваш стартап вырос в компанию, то для четкого распределения прав и обязанностей уже не между просто кофаундерамы, а владельцами компании, установление порядка принятия решений, распределения доходов и вообще всего, что касается деятельности компании и может повлиять на его судьбу, уместно заключить Shareholders «agreement. Shareholder agreements vary considerably from country to country and industry to industry. However, in a typical joint venture or start-up, a shareholders` pact is normally expected to resolve the following issues: Drag along rights allow a majority shareholder to force minority shareholders to sell a business. The shareholder who goes through the saturation must give minority shareholders the same price and conditions as any other seller. This article does not comprehensively address all possible concepts and variations of a SHA, but those that are most used.