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hello I am Jaspreet Potter a solicitor in the corporate commercial at IBB solicitors a shareholders agreement is a contract entered into between a company and some or all of its shareholders the purpose of such an agreement is to govern the relationship between the parties including personal rights and obligations of shareholders together with the articles of association of the company the two contracts create internal rules which the company is shareholders have to abide by the whole point of the shareholders agreement is to avoid disputes in the future and should they arise the agreement would determine how such a dispute is to be resolved it's prudent to put a shareholders agreement in place from the outset ie as soon as the company has been incorporated or has started to trade because it's easier for the parties to agree in focus on such matters at this stage when they have the time as opposed to when the business is up and running this is a much quicker and easier option than tryi
How is it legal and ethical for shareholders to kick out founders of public corporations?
If a founder wants to keep the entire company to him/herself or a small number of initial owners, he/she is able to do so by keeping the company private. No one has to take on shareholders. But typically, growing a large business by oneself takes a long time and often requires substantial amounts of capital, so those who want to grow a business quickly or require large amounts of capital to operate in the early days typically sell stakes in the company to outsiders. The deal is simple: you give me the money I need today, and so that you may protect your investment and potentially reap profits in the future, I give you a stake in my business. If you look at most public corporations started over the last few decades, there’s a common theme: yes, there was a founder or founding group that put in a lot of blood, sweat, and tears to make the business happen, but there was also a lot of outside money spent to grow the company. Some companies burn through millions or even billions of dollars before they ever make a dime of profit, so the idea that only the founder matters is wrong, as mere vision and effort without the capital to make things happen still amounts to failure.Once you bring in outsiders who have a substantial stake in the business, the company ceases being “yours” alone; you must keep your shareholders happy, and this sometimes means that management, including the founder or initial employees, must go. Just because someone has a good idea or was a good leader when the company was in startup mode doesn’t mean that they’re the right person to run a mature business, for example.Thus, while it is certainly possible for there to be illegal/unethical conduct by shareholders, the mere fact that a founder loses his or her position at the helm of a publicly-traded company generally isn’t going to be improper. It is true that founders often put in a great deal of work in making a company succeed, but it’s wrong to say that “shareholders simply reap profits without doing any work.” Shareholders may not participate in day-to-day operations of the company (although significant shareholders are often directors), but they’re investing their own (or other people’s) money, money that is typically the result of hard work itself. If I invest $100,000 in a company, for example, that would represent a significant sum of money for me and my family; the money didn’t appear out of the sky, but rather, was earned from my own long hours on the road and at the office, and would take more time and effort to replace if lost. Why should I lose money (or not make as much money as I could) when it’s clear that the executives at a company are no longer the right people for their jobs? How is it moral for people who have taken money from others to not use that capital wisely? Being a founder doesn’t entitle people to be profligate with other people’s money, and there is nothing wrong with making a business decision that it’s time for a change.
Are there any restrictions or caveats for a closely held private corporation to engage in a stock buyback instead of a dividend to distribute profits to its shareholders?
Please don't try this at home. The short answer is, yes, there are a host of restrictions and caveats and, no, you can't set the buyback price arbitrarily. You need good multi-disciplinary professional advice to address the corporate, securities, tax and accounting issues that are raised by this type of transaction and without someone engaging at a detail level it's pretty hard to give any kind of good general advice.
How can I make it easier for users to fill out a form on mobile apps?
I’ll tell you a secret - you can thank me later for this.If you want to make the form-filling experience easy for a user - make sure that you have a great UI to offer.Everything boils down to UI at the end.Axonator is one of the best mobile apps to collect data since it offers powerful features bundled with a simple UI.The problem with most of the mobile form apps is that they are overloaded with features that aren’t really necessary.The same doesn’t hold true for Axonator. It has useful features but it is very unlikely that the user will feel overwhelmed in using them.So, if you are inclined towards having greater form completion rates for your survey or any data collection projects, then Axonator is the way to go.Apart from that, there are other features that make the data collection process faster like offline data collection, rich data capture - audio, video, images, QR code & barcode data capture, live location & time capture, and more!Check all the features here!You will be able to complete more surveys - because productivity will certainly shoot up.Since you aren’t using paper forms, errors will drop significantly.The cost of the paper & print will be saved - your office expenses will drop dramatically.No repeat work. No data entry. Time & money saved yet again.Analytics will empower you to make strategic decisions and explore new revenue opportunities.The app is dirt-cheap & you don’t any training to use the app. They come in with a smooth UI. Forget using, even creating forms for your apps is easy on the platform. Just drag & drop - and it’s ready for use. Anyone can build an app under hours.
In Delaware, can a closely held corporation with just three shareholders contractually agree (via bylaws or articles) to not remove a particular director from the Board for a certain period of time?
Because shareholders hold the power to elect the directors in most corporations, the shareholders can enter into a contract that will, in all likelihood, keep a particular director on the board for a certain period of time. This "shareholder agreement" must meet certain requirements (in writing, signed by all shareholders, etc.) to be enforceable. The shareholder agreement can prevent any shareholder for voting to remove the director during the specified time-frame. The shareholder agreement should also address certain contingencies -- for example, what happens if that director resigns or dies during the specified period.While the corporation could attempt to accomplish the same goal by including a provision in its bylaws (or even its articles of incorporation), in many corporations, the board of directors holds the power to amend the bylaws. This fact could allow a majority of the directors to ignore or circumvent the intentions of the shareholders.
How do I fill out the SS-4 form for a new Delaware C-Corp to get an EIN?
You indicate this is a Delaware C Corp so check corporation and you will file Form 1120.Check that you are starting a new corporation.Date business started is the date you actually started the business. Typically you would look on the paperwork from Delaware and put the date of incorporation.December is the standard closing month for most corporations. Unless you have a significant business reason to pick a different month use Dec.If you plan to pay yourself wages put one. If you don't know put zero.Unless you are fairly sure you will owe payroll taxes the first year check that you will not have payroll or check that your liability will be less than $1,000. Anything else and the IRS will expect you to file quarterly payroll tax returns.Indicate the type of SaaS services you will offer.
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