(d) Marital/Common Law relations and relationship decryption. Note that matrimonial law applicable in a jurisdiction in which a shareholder or spouse resides (or ex-spouse) may authorize a court to order the transfer of assets from one spouse to another in order to settle a spouse`s compensation rights in the event of a relationship breakdown. The lawyer preparing the agreement should also take into account the fact that, from time to time, a company`s shareholders may relocate to jurisdictions other than those in which they stayed at the time of the preparation of the agreement. As in many other situations, the establishment of an unexpected shareholder (perhaps especially the ex-spouse of an existing shareholder) will be a cause for concern. In addition to the precautions that parties may take personally through spousal agreements, a right for other shareholders or the company to acquire the shares in circumstances such as the division of marital real estate should be considered. In these circumstances, a right of appeal is often applied and the lawyer preparing the agreement should be asked on issues such as price fixing and whether the right is limited to the actions to be transferred or ordered. Assuming that voluntary transfers are adequately covered by the agreement, the issue of involuntary transfer, for example. B by judicial decision under existing family property legislation, can be dealt with most effectively in a general provision covering involuntary transfers (legal or fair) in general. However, this flexibility can lead to conflicts between a shareholder contract and a company`s constitutional documents.
Although laws differ from country to country, most disputes are generally resolved as follows: the main purpose of a Day Right Along is to allow a minority shareholder to participate in the “control premium” that a third party may agree to pay for the shares of the majority and to ensure that the minority has knowledge and “accepts” the identity of a party that takes control of the company. In principle, it prohibits the sale to a selling shareholder, unless an offer on all shares of the company is obtained at the same price and on the same terms.