Shareholder agreements are an important tool in corporate governance, helping to regulate the relationship between shareholders and ensure their rights.

This article was consulted by Lawyer Nguyen Quang Trung

In Vietnam, shareholder agreements are often used to address many important issues in the operation of a business. Below is a detailed analysis of shareholder agreements commonly used in Vietnam:

1. Voting rights agreement

A voting rights agreement is one of the most important shareholder agreements. This agreement stipulates how shareholders will vote at shareholder meetings, including voting on important issues such as electing board members, changing the company’s charter, and other strategic decisions. This agreement helps ensure that important decisions are made in a fair and transparent manner.

2. Share transfer agreement

A share transfer agreement sets out the terms and procedures for transferring shares between shareholders. It may include provisions for preemptive rights, rights of first refusal, and other restrictions on the transfer of shares. It helps protect the interests of existing shareholders and ensures that shares are not transferred to unwanted parties.

3. Profit distribution agreement

A profit distribution agreement sets out how profits will be distributed among shareholders. It may include provisions for the profit distribution ratio, the timing of the distribution, and other conditions related to the distribution of profits. It helps ensure that profits are distributed fairly and transparently among shareholders.

4. Company management agreement

A company management agreement sets out how the company will be managed and operated. This agreement may include provisions regarding the rights and obligations of directors, officers, and other management officers. It helps ensure that the company is managed in an efficient and transparent manner.

5. Minority shareholder protection agreement

A minority shareholder protection agreement provides protections for minority shareholders. It may include provisions regarding voting rights, participation in major decisions, and other shareholder protections. It helps ensure that minority shareholders are protected and not violated by majority shareholders.

6. Dispute resolution agreement

A dispute resolution agreement provides a way to resolve disputes between shareholders. It may include provisions regarding dispute resolution methods, such as mediation, arbitration, or litigation. This agreement helps ensure that disputes are resolved quickly and efficiently.

7. Confidentiality agreement

A confidentiality agreement sets out the confidentiality measures between shareholders. It may include provisions regarding access to information, confidentiality obligations, and other safeguards. It helps ensure that important company information is kept confidential and not disclosed to unwanted parties.

8. New stock options agreement

A right to purchase new shares gives current shareholders the right to purchase new shares when the company issues additional shares. This agreement helps protect the interests of current shareholders and ensures that their ownership is not diluted when the company issues additional shares.

9. Management participation agreement

A management participation agreement defines the rights of shareholders to participate in the management and operation of the company. It may include provisions regarding the right to vote for board members, the right to participate in major decisions, and other rights related to the management of the company. It helps ensure that shareholders have the right to participate in the management and operation of the company in a fair and transparent manner.

10. Control agreement

A control agreement defines the rights of shareholders to control the operations of the company. It may include provisions regarding financial control, operational control, and other control rights. It helps ensure that shareholders have the right to control the operations of the company in an effective and transparent manner.

11. Preemptive share purchase agreement

A preemptive share purchase agreement provides shareholders with the right to preemptively buy back their shares if another shareholder wants to sell their shares. This agreement helps protect the interests of current shareholders and ensures that shares are not transferred to unwanted parties.

12. A participation in important decisions agreement

A participation in important decisions agreement provides shareholders with the right to participate in important decisions of the company. This agreement may include provisions regarding voting rights, participation in shareholder meetings, and other rights related to participation in important decisions. This agreement helps ensure that shareholders have the right to participate in important decisions of the company in a fair and transparent manner.

13. A shareholder protection agreement

A shareholder protection agreement provides measures to protect the interests of shareholders. This agreement may include provisions regarding voting rights, participation in major decisions, and other safeguards. This agreement helps ensure that shareholders’ interests are protected and not infringed upon by other shareholders.

14. Attend shareholder meetings agreement

An attending shareholder meetings agreement sets out the rights of shareholders to participate in shareholder meetings. This agreement may include provisions regarding voting rights, participation in shareholder meetings, and other rights related to participation in shareholder meetings. This agreement helps ensure that shareholders have the right to participate in shareholder meetings in a fair and transparent manner.

15. Financial decisions participation agreement

A financial decisions participation agreement sets out the rights of shareholders to participate in the financial decisions of the company. This agreement may include provisions regarding voting rights, participation in financial decisions, and other rights related to participation in financial decisions. This agreement helps ensure that shareholders have the right to participate in the financial decisions of the company in a fair and transparent manner.