Abstract

With the rise in the shareholder’s agreement entered into by the shareholders of the company, it is important to analyse the enforceability of the agreement, especially when held against the document of Articles of Association, which is a part of the bible of the company. There stands ambiguity as to whether it is actually beneficial and of relevance to enter into a Shareholder’s agreement when there lacks clarity as to whether it is actually enforceable and whether on conflict with the Articles of Association of the company, what would prevail and the rationale behind it adjudicated by the courts. It is important to trace and highlight the progress in the history of the Shareholder’s agreement and how it is at the position where it is currently and the prediction of the future of the enforceability of the provisions under the agreement. This project aims to clarify the legal position of the Shareholder’s agreement with respect to its enforceability and provide clarity on the possible outcomes of a conflict between the SHA and AoA,

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