A shareholders’ agreement (pacte d’associés) is a contract concluded between all or some of the shareholders, outside the articles of association. It organises what the articles do not say, or do not say publicly: governance, entry into and exit from the capital, allocation of powers, resolution of deadlocks. Like any lawfully formed contract, it has the force of law for those who signed it (Article 1103 of the French Civil Code (Code civil) (in French)). However, it creates obligations only between its signatories (Article 1199 of the Civil Code (in French)): its drafting must therefore be consistent with the articles of association. Our law firm in Paris drafts, reviews and enforces your shareholders’ agreements.
What does a shareholders’ agreement lawyer do?
A shareholders’ agreement lawyer is a business law professional who drafts or reviews the contracts governing relations between the shareholders of a company. Drawing on legal expertise, the lawyer can protect the interests of each shareholder and help resolve any disputes.
The main aim of a shareholders’ agreement lawyer is to put in place a written agreement setting out the rights and obligations of each partner in the business. This may include clauses on:
- Decision-making;
- The allocation of profits and losses;
- Conflict management;
- The terms for transferring shares (parts sociales or actions).
By making sure that all the essential clauses are included, the lawyer gives the shareholders a sound and reassuring legal framework.
Why use a lawyer for your shareholders’ agreement?
Using a shareholders’ agreement lawyer is recommended for anyone planning to set up or join a business together with other partners. Whatever the form of your company (SARL, i.e. private limited company; SAS, i.e. simplified joint-stock company; etc.), you should secure the start of your business with the support of a business law professional.
| Reason | Detailed explanation |
| Legal expertise | A business lawyer has in-depth knowledge of the legal provisions that apply to shareholders’ agreements. The lawyer can draft a valid document suited to the specific needs of your company. |
| Legal certainty | A well-drafted shareholders’ agreement protects the shareholders in the event of a dispute. The lawyer will help you identify the risks and include clauses to prevent them. |
| Tailored advice | The lawyer will advise you on the clauses to include in your shareholders’ agreement, depending on the structure of your company, your objectives and your concerns. |
| Confidentiality | A shareholders’ agreement is a confidential document. The lawyer is bound by professional secrecy and will make sure that the confidentiality of your information is respected. |
| Saving time and energy | Drafting a shareholders’ agreement can be a long and complex process. The lawyer takes this task off your hands and lets you focus on developing your business. |
Who is our shareholders’ agreement service for?
Founders, shareholders and investors in start-ups, micro-businesses and SMEs: Hashtag Avocats assists you when the company is set up, when an investor comes in or when a shareholder leaves. We defend your interests, both in amicable settlements and in court proceedings.
The agreement is relevant both to majority shareholders, who want to organise governance, and to minority shareholders, who seek to protect their position and their exit terms.
Yet enforcing the agreement sometimes means facing disputes.
Disputes between shareholders can concern many aspects of corporate life: breach of a pre-emption right or a lock-up clause, deadlocked decisions, a shareholder’s exit, disagreements with the managers…
In this respect, our firm, Hashtag Avocats, advises you on the procedure best suited to your situation.
Hashtag Avocats assists you in disputes between shareholders
Our lawyers act in the resolution of disputes between shareholders. We assist you before any dispute arises by working out with you a conflict-prevention strategy. Through an audit of your articles of association and your shareholders’ agreement and as part of amicable resolutions, we draw up a confidential settlement agreement when conflicts can be kept out of court.
Protecting your interests can also involve the assistance of our firm in negotiations between shareholders. Our lawyer’s assistance can carry weight in the negotiation, to enforce the agreement or to organise a shareholder’s exit.
How Hashtag Avocats in Paris assists you
The shareholders’ agreement lawyer service offered by our firm, Hashtag Avocats, in Paris gives you:
- Legal expertise in business law;
- Tailored assistance to address your specific needs and concerns;
- Valuable help in managing any conflicts between shareholders.
Choosing Hashtag Avocats to support your business project therefore gives you a clear contractual framework between shareholders. Feel free to use this service if you are looking for a shareholders’ agreement lawyer.
Every situation is different: the information on this page is general and does not replace legal advice tailored to your case. The firm makes no promise of outcome; it commits to the means it deploys.
Our related corporate law services
- Corporate lawyer in Paris
- Company law lawyer in Paris
- Group of companies lawyer
- Shareholder dispute lawyer in Paris
Further reading
