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CORPORATE SHAREHOLDER ARRANGEMENTS Owning shares in a privately-held company or partnership is a far more rigorous endeavour than owning shares in a publicly-traded company, whether its on the TSX Venture, TSX or NYSE. Having practised law for many years in New York City / Wall Street, I became highly familiar with the challenges facing shareholders in both publicly-traded and private company spheres, and the private sector clearly imposes far more challenges upon its shareholders. The principal challenge associated with holding shares in privately-held companies is their lack of liquidity (i.e., the absence of a stock market to buy and sell shares), which necessitates the creation of specific shareholder arrangements. This is principally done through a shareholders agreement, which not only provides a contractual framework for operating the business and making key decisions, but can also create procedural buy-sell mechanisms, including death & disability arrangements, put & call options, shotgun provisions, piggy-back rights, insolvency and marital break-up requirements (see also spurned spouses, disrespected and delusional shareholders). The shareholders agreement thus provides an important mechanism for resolving challenging shareholder situations; nonetheless, disputes do arise and than the lawyer takes on a more assertive role in resolving a specifically defined point of contention (see also shareholder buyouts). Providing corporate-commercial legal advice and strategic direction to business enterprises, is the central focus of business lawyer Christopher R. Neufeld's legal practice. To advance your business' initiatives, contact business lawyer Christopher R. Neufeld at Chris@NeufeldLegal.com or 403-400-4092. |
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Calgary business lawyer Christopher Neufeld is a corporate commercial lawyer with the law firm of Neufeld Legal Professional Corporation (77 Tuscany Ridge Mews NW, Calgary, Alberta) and is admitted to practice law in Alberta and Ontario (Canada) and New York (U.S.A.). Christopher's legal practice focuses primarily on business law, in particular corporate commercial transactions (mergers, acquisitions, divestitures, business purchases and sales, etc.) and business contract work. See also www.ShareholdersLawyer.com. This website is provided for general information purposes only. It is not intended to be comprehensive or to include advice on which you may rely. You should always consult a suitably qualified lawyer on any specific legal matter. All liability is excluded in respect of any loss or damage which may arise in connection with the use of or reliance upon any materials and information appearing on this website. © 2016. |
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