Tag: investing
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Does a Shareholders’ Agreement Still Need to Be Complied With if It Is Not Incorporated into the Constitution?
A shareholders’ agreement does not necessarily become irrelevant simply because it is not incorporated into the company’s constitution. However, a shareholders’ agreement and a constitution do not serve the same function, and where important rights are intended to operate through the company’s internal governance framework, non-incorporation may create practical difficulty, uncertainty, or implementation issues.