The Companies Act stipulates that some important decisions must be approved by a special decision, with the agreement of 75% of shareholders in terms of value. This can be effective protection if minority shareholders hold at least 25% of the shares in the joint venture. Some of the issues that require a particular solution are: issuing shares on a preferential basis, changing the company`s headquarters, changing the company`s chartered documents, issuing close-knit shares, buying back shares, etc. In addition, it is always useful to have a deadlock system and a clear mechanism in the joint enterprise agreement from the outset. After defining the events that could trigger Deadlock`s provisions, the parties must decide which safeguards should be included in the joint enterprise agreement in order to avoid a deadlock situation and provide explicit mechanisms to resolve them. There are several alternatives to resolving a stalemate that can occur during the duration of a joint venture, such as.B.: therefore, when a foreign company decides to mat with a local partner for the creation of a joint venture to carry out transactions in India, the legal guarantees and rights available to minority shareholders, as well as contractual rights that may be covered by the joint enterprise agreement. , to be taken into consideration. In addition, planning for the exit of joint venture partnerships allows companies in advance to limit their losses, avoid or defuse disputes, and minimize disruption to their businesses. Therefore, the parties should also consider different exit and termination scenarios in advance. It is also interesting to note that some questions reserved for a given period may be fashionable and probably in response to trends that predominated at the time, such as the reserved question about initial parts offers. This may not always be a problem and users of typical shareholder agreements will want to try to carefully determine whether the list is correct for them. The list of possible reserved questions can be long.
Here are some common themes in the four types of shareholder contracts: the High Court also referred the Supreme Court decision of Seth Mohan Lal and another Vs. Grain Chambers Limited and others, for which the Supreme Court defined the parameters to be taken into account during liquidation: “When making a decision on the grounds that it was fair and equitable that a company should be dissolved. the interests of shareholders and creditors are taken into account. The part of the company would have disappeared if the object for which it was contracted has essentially failed or if it is impossible to carry out the company`s operations, except in the event of a loss, or if the existing and potential assets are not sufficient to meet existing commitments. These reserved business is usually shares outside of the normal business activity. It is always difficult to finalize the list of reserved cases. It is essentially a negotiation that influences these potential actions of the company and its subsidiaries, but there are other important considerations: matters reserved at the shareholder level can normally be the province of shareholder agreement or, sometimes, issues that can be decided by the board of directors.