The key question is always “Who will have the power if?” Credit agreements usually limit what a company can do (for example.B. take out additional debts or sell the collateral against the loan). This can give the lender considerable power. There are additional complications if the lender is a shareholder. Your agreement should take into account how rights will change when introducing a large creditor. As a rule, it is better to conclude a shareholders` agreement when creating the company and issue the first shares. In fact, it can be a positive exercise to ensure that there is a common understanding of shareholders` expectations of the company. At this stage, shareholders should, as far as possible, have a similar opinion on what they expect and receive from the company. It may be between all or, in some cases, between a few shareholders (for example. B holders of a certain class of shares).
Its goal is to protect shareholders` investment in the company, strike the right balance between shareholders, and regulate how the company is run.