Shareholders` Pact The shareholders` pact deals in detail with shareholder cooperation. This agreement includes specific agreements on the day-to-day activities of shareholders. Penrose specializes in the legal situation and shareholder rights under Dutch law. We advise and assist international entrepreneurs, directors and shareholders in the development of contracts, business acquisitions, joint ventures and potential shareholder conflicts between a Dutch company. Below are some of the Dutch legal issues concerning a company`s shareholders in the Netherlands. An equity valuation (SAR) right is, for example, an agreement between the company and an employee in which the employee has the right to benefit from the increase in the value of one or more shares of the company. This means that there is no need to issue shares or deposits on shares. Some important clauses, often contained in a shareholders` pact, are: In all these matters, a corporate lawyer can assist the interested party or party, advise on the possibilities and impossibilities and include the agreements in the shareholder contract. It is important to make these arrangements before setting up the company or creating an investor. We often see, for example, that a start-up has already been created, that it has several shareholders, or that it has developed intellectual property rights before a shareholder pact is concluded. Negotiating a shareholder contract will then be more difficult. In a shareholders` agreement (SHA), current and future shareholders of a company enter into agreements on the company`s structure and objectives, the business plan and how shareholders will work together.

Parties to a shareholder pact have great freedom to organize this cooperation as they see fit. In the Netherlands, shareholders` obligations depend on the type of company in which they have acquired shares. The general obligation, both in an NV and in a BV, is that the shareholder is required to pay the face value of a share. In an NV, the mandatory obligations of shareholders do not go far beyond that.