From the last interview of Luis Gosálbez for the European Business and Innovation Centre of Valencia, we can extract some very important aspects to take into account about the shareholders’ agreement.
1. What is a shareholders’ agreement?
A shareholders’ agreement, from a theoretical point of view, is an agreement between the partners of the company and the partnership. It is important to emphasize that it is not only an agreement between individuals, but also with the company itself.
In practice, this agreement goes much further. It is the way in which we foresee the risks that the company may have in the future due to the type of company it is, and we anticipate them in order to be able to resolve them when they arise.
2. Hidden agendas
It is a very common mistake not to share certain information with the rest of the partners, simply because we are not aware of the value that this information can have in helping us to detect a future problem. All that prior detection, analysis and preparation is very important, because it helps us to build on realities.
3. Different visions of the company
When introducing new partners, it is necessary to inform them about what kind of company it is, its vision, mission, etc. However, it is quite possible that, if this has not been defined beforehand, each partner will have a different vision of these aspects.
Our culture often makes us reluctant to talk about numbers, but it is important to quantify and take it to different levels. For example, it is necessary to define between partners how many hours will be worked and what KPIs or milestones will be achieved, in order to measure whether the work is being carried out correctly and efficiently so that, if it is not, measures can be taken.
5. The moment to sign the shareholders’ agreement
It is very common to postpone the shareholders’ agreement to the moment when new investors are going to join. However, it should be borne in mind that at any time one of the founding partners can leave and leave the company in trouble. For this, a shareholders’ agreement can also resolve many conflicts, which is why it is always best to define it as a step prior to the incorporation of the company.
6. Conflicts that could be avoided
On many occasions, a conflict is generated within companies that triggers other problems that end up causing the company to die. If we take into account the origin of this problem, in 15% or 20% of the cases it could have been avoided with a shareholders’ agreement. For this reason, a shareholders’ agreement is a lifeline to be able to move forward.
If you want to see the full interview with Luis Gosálbez on the shareholders’ agreement, you can do so in the following video. And, if you need help or more information about how to manage a shareholders’ agreement for your company, do not hesitate to write to us at email@example.com or call us on 918 228 031. We look forward to talking to you!