Model Shareholders’ Agreement for SAS under OHADA Law: Complete Guide for Entrepreneurs
250,00 € 120,00 €
Setting up a Société par Actions Simplifiée (SAS) under the OHADA legal system is a decisive step for many entrepreneurs in Africa. This choice offers flexibility and freedom in the organization and operation of the company. However, to successfully navigate the African business landscape, it is essential to draw up a partnership agreement.
Why is a shareholders’ agreement essential for your SAS?
Definition of Management and Leadership Rules
The shareholders’ agreement for a SAS under OHADA law defines the precise management procedures of the company, ensuring clear and effective governance. It answers essential questions about decision-making, profit distribution and company management.
Securing relations between partners
This document plays a crucial role in preventing conflicts by clarifying the rights and obligations of each partner. It establishes a framework for future discussions and provides mechanisms for conflict resolution.
Investment Attraction
A well-designed shareholders’ agreement reassures investors that the SAS has a solid internal structure and a clear vision for the future. It’s a guarantee of seriousness and professionalism.
Essential clauses of a shareholders’ agreement under OHADA law
- Pre-emption clause: regulates the sale of shares, giving priority to existing associates to buy back shares offered to a third party.
- Clause d’Agrément: Requires the approval of the other associates for any transfer of shares to non-associates, thus preserving shareholder stability.
- Intellectual Property Contribution Clauses: Ensure that innovations and creations developed by associates benefit the company.
- Non-competition clause: Protects the company against unfair competition from associates during and after their departure from the company.
Your Personalized Partnership Agreement with Legal Support
Aware of the stakes involved and the complexity of these agreements, we offer a model shareholders’ agreement for SAS under OHADA law, accompanied by a 30-minute consultation with a specialist lawyer. This exchange will enable you to customize the document to your company’s specific requirements, and ensure that it meets your needs perfectly.
Conclusion
The shareholders’ agreement is a fundamental tool for any SAS wishing to establish and prosper in the OHADA region. It provides a solid framework for company management, protects the interests of associates, and attracts investment. Don’t leave your business without this essential layer of security.
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