Essay

Shareholders' Agreements: Clauses and Enforceability

IndiaCorpLaw · indiacorplaw.in Free Advanced India

A legal commentary on why Indian courts have refused to enforce SHA restrictions against a company when they were not written into its articles, and what that means for drafting.

  • Transfer restrictions bind the company only if the articles carry them.
  • Read this before you sign an SHA that the company itself is not a party to.
Open on indiacorplaw.in ↗

The question it answers

  1. What is a shareholders' agreement, and what should it include?

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