Yes. It is common for a shareholders' agreement containing buy-sell clauses to specify the method that will be used to determine the value of the shares during certain transactions or when a particular event occurs.
Establishing these rules in advance reduces the risk of disagreements among shareholders. When the valuation method is known, it is generally easier to regulate the sale, purchase, or repurchase of shares, as well as the consequences of certain events affecting a shareholder.
Depending on the company's needs, the shareholders' agreement containing buy-sell clauses may include, in particular:
These clauses in such an agreement are particularly useful when a shareholder leaves the company, whether voluntarily or involuntarily, becomes incapacitated, retires, dies, or wishes to sell their shares. They allow for the establishment of rules known to the shareholders in advance and facilitate the purchase, sale, or repurchase of shares when one of the foreseen events occurs.
Shareholders may stipulate in a shareholders' agreement containing buy-sell clauses the valuation method applicable to the various situations covered. This method must be clearly defined to allow for the determination of the share value when its application becomes necessary.
In summary , a shareholders' agreement containing buy-sell clauses can specify a method for valuing shares and the circumstances under which it applies. A clearly defined method facilitates future transactions, increases predictability, and helps reduce the risk of disputes between shareholders.