Critical health insurance allows a company to continue to pay a shareholder if it cannot work because of a serious illness. Key insurance coverage can also be purchased to cover the cost of replacing the role of the shareholder for a shareholder who is unable to work in the company. Insurance brokers or financial advisors are best placed to advise on the terms of available policies, but when insurance is in place, it is imperative to ensure that they are reflected in the shareholders` pact or the statutes, so that there is no end in bulk. What happens if a single shareholder dies? If a company uses standard items and has only one director and shareholder, while the shares go to their personal representatives, there will be no surviving officer capable of running the business. This difficulty was illustrated in the High Court case by Kings Court Trust Ltd v Lancashire Cleaning Services Limited, which was reported last year. Personal representatives had to apply to the court to allow them to manage the business that was to pay its employees and creditors. When the guards leave the shares, the custodians will become the shareholders. They hold the shares and rights attached to the shares. If the single shareholder and the manager of a company die, practical questions may arise. This is because the deceased may be the only person entitled to exercise certain powers, such as the appointment of new directors, the transfer of shares and the payment of employees, suppliers and other creditors. In the absence of a particular provision in the company`s by-law or a global shareholders` pact, several questions may arise in the event of a shareholder`s death: a shareholders` pact is a contract between the shareholders of a company that determines how a company is managed.
However, there is no legal obligation for a company`s shareholders to enter into a shareholders` agreement. In the absence of a shareholders` pact, a company is managed in accordance with the statutes and general corporate law (according to the statutes and case law). So why should you take care of a shareholder pact? If a company already has a shareholder pact, it may be easier or better to include share transfer provisions in the shareholder contract rather than in the articles. Another way is to introduce restrictive provisions in the company`s by-laws, but to include in the shareholders` pact detailed procedures (for stock valuation, option agreements, payment plans, etc.) that work in parallel with the provisions of the articles. When including share transfer provisions in a shareholder contract, it is essential that they are compatible with the rules set out in the articles. When a conflict arises, it is the statutes that prevail. Even if the terms or shareholder contract contain provisions requiring the transfer of the deceased`s shares to other shareholders, a problem may arise if existing shareholders do not have the necessary resources to do so. An additional or alternative protection mechanism is to enter into an option agreement.