The importance of Shareholders Agreements in the corporate life

Shareholders Agreements are a determining instrument in the life of a company, since, taking into account its shareholder nature, it establishes a relationship between the partners or between them and the company, or even between partners and third parties, which derive from separately concluded and foreign to social regulation agreements , with purely obligatory effectiveness between the parties that have signed them.

This is why Shareholders Agreements have the consequence of providing the partners with mechanisms that allow maintaining, optimizing, balancing or altering the functioning of the company; deter, avoid or resolve conflicts between the partners, facilitating their interrelation and ensuring the investment of the Company’s resources, since it arises with the purpose of granting legal certainty to the parties that entered into it.

Due to the above, it can be seen that legal instruments such as this one are intended to regulate the Company’s shareholder spheres and to articulate the relationships between the partners, since no company can function regularly without the intervention of such attempts tied by the partners outside the corporate scheme, with the aim of carrying out the common activity.

Likewise, it should not be forgotten that this agreement is intended to create legal certainty between the parties that sign it, since they by their own right undertake to comply with the obligations, conditions and modalities agreed upon. Therefore, the non-compliance with this has a serious impact on the life and corporate governance of the Company that implements it.

Likewise, the purpose of this Agreement is to regulate issues that were not addressed in the Bylaws of the Company, or else, to delve into specific issues for the proper management of its corporate governance. That is why this Agreement is so important and crucial in corporate life.

It is for the aforementioned that, when forming a company, or else, entering one, this Agreement is a tool that should not go unnoticed, being preferred its celebration, since it will allow to establish the desired parameters to achieve the goals and objectives established for the company, as well as for the Shareholders.


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