(02) 9519-5030


Nicholas Clayhills

Experience dictates that businesses with thought out partner / shareholder agreements survive longer.

The partners of partnerships and shareholders of pty ltd private companies befit from having their rights and responsibilities set out in a partnership agreement or shareholders agreement.

In the event of a dispute this is the best document to use in finding a resolution

Businesses with two or more owners are owned by partners or shareholders.

All partners and shareholders have expectations for business management and performance.

The enunciation of these expectations is reflected in partnership agreement or a shareholders agreement, both with some similarities.

A partner / shareholder agreement is an internal contract, which provides the business owners with a framework for running the business, settling disputes and getting out of or even pricing and selling the business.

“Straight to the point, honest and informative. Experienced advice regarding matters dealing with … partnerships.”

Jeremy YeoKhoo

  • “Family law conflicts are very difficult to negotiate both personally and to the non-lawyer confronted by the confusing legal system. Having previously had a very bad experience, we felt supported and properly advised in our journey through the family law system and continue to be most grateful to Kate and to Nic for providing us with state of the art professional and personal advice.”


    Clovelly, NSW

Common Partners & Shareholders Questions

  • Checklist for business agreements (internal)

    The following handy guide, is a starter for setting up or improving your internal business agreement with business partners and shareholders:

    1. Structure – Is a partnership, company or trust appropriate;
    2. Parties – Individuals, companies or trusts;
    3. Guarantee – By individuals of obligations of a partner which is a company or a trust;
    4. Date of commencement – New or continuing partnership;
    5. Scope of business – How is the business to be described;
    6. Business name;
    7. Premises – Leased or owned;
    8. Duration of business;
    9. Assets – Partnership or individual assets;
    10.  Profits – How divided;
    11. Directors fees and shareholder dividends;
    12. Incoming partners / shareholders – Business valuation;
    13. Payments to outgoing directors and shareholders;
    14. Retirement – When and how;
    15. Death – Consequences;
    16. Expulsion – In what circumstances can a partner be expelled;
    17. Sickness – What happens if you are sick;
    18. Restrictive covenants;
    19. Management issues – Internal controls; and
    20. Dispute resolution.