Shareholder agreements are often used in a corporate environment and not in LCs. But LLC companies can also benefit from shareholder agreements. If you want to use a shareholder pact in an LLC position, it is important to understand the process and make sure it is useful for your business. Shareholders are not guaranteed the right to participate in the management of the company. While a company may choose to allow shareholders to participate in company decisions, it is not obligated to do so. Shareholders cannot insist on a dividend. The company has the right to declare a dividend, but it also has the right to suspend a dividend. The shield against personal responsibility is not absolute. Shareholders may be held liable for wrongdoing or may be held liable if the courts find that the company has not complied with the rules on maintaining the company`s status. An LLC shareholders` pact includes specific expectations between the company`s various shareholders. A limited liability company (LLC) is somehow similar to a business, but with less formal requirements. That`s why we see such a diversity of LLC structures. Some LLCs look like businesses.
Their members are called shareholders, there is a board of directors, and LC approves and spends shares instead of membership interest. Other LCs have no shares at all, but their interest is expressed as a percentage. Members may be passive investors, the LLC may be managed by members or by one or more managers, and profits and losses may be disproportionately distributed between members` percentages or the value of their contributions. There may be a priority waterfall for the allocation of gains and losses, distributions of available cash, and also distributions in the event of dissolution. In Part II, I will address the essential provisions that any LLC agreement should have or, at the very least, that members should consider including. The law requires all companies to adopt so-called statutes. Statutes are a set of rules that govern certain corporate matters, such as the election of directors and senior executives, when and how shareholder meetings should take place, and other governance issues.