You have completed the scan of your shareholder position.

 

At the shareholder structure level, you score 0%

This section covers all aspects related to the rules arranging relations between shareholders. These can mainly be found in the articles of association, but can also be the subject of an additional shareholders’ agreement and can include, among other things, the following aspects: transfer restrictions, special majority requirements for taking certain decisions in the general meeting, or determining a fixed dividend policy.

 

Current situation: relations between shareholders are not or hardly organised. More specifically, we refer to the absence of specific rules arranging the transfer of shares, the absence of protection for (minority) shareholders in the event that the majority shareholder sells his participation, the absence of agreements on special majority requirements to protect the minority shareholder in the event of important decisions, or the fact that no dividend policy has been defined to guarantee the shareholder a minimum dividend. This lack of rules gives rise to many uncertainties which can lead to conflicts. Appropriate solutions exist, action is required!

Current situation: there are certain agreements between the active and non-active family shareholders, but these have not been fully settled in clear or comprehensive rules. Therefore, it is also advisable to draw up a family charter that allows for efficient communication and, for example, the establishment of a family council. This will also make it possible to involve non-active family shareholders (including the next generation), thus avoiding conflicts in the long term and improving the internal organisation. We can help you to identify the needs and assist in the editing and implementation of a family charter.

At the governance & management level, you score 0%

This section deals with the shareholders’ involvement in the way the company is managed, as well as the extent to which they influence and have control over the operation of the managing body.

 

Current situation: the (minority) shareholders have no part in how the company is managed. The managing body only consists of members proposed by the majority shareholder and there is no possibility to control its operations. However, there are very effective solutions for this, such as the mandatory representation of a (even minority) shareholder in the managing body, for example in accordance to a percentage of the capital, the presence of external directors on the board or by providing transparent and regular reporting systems. Setting rules on the functioning of the managing body (number of meetings, documents to be made available in advance, special majorities, etc.) and the remuneration and appointment of directors are also recommended and easy to formalise.

At the transparency & supervision level, you score 0%

This section gives you an indication of the extent to which you have access to information about the company. As a shareholder, you have certain rights, such as receiving the annual accounts and (if applicable) the annual report prior to the annual general meeting. However, nothing prevents the managing body from informing you more regularly (e.g. quarterly or semestrial) about the ins and outs of the company.

 

Current situation: the information provided by the company is absolutely insufficient to enable a shareholder to make an informed assessment of the state of his participation. You do not have a precise overview of the current situation in which the company finds itself and therefore no insight into the current value of your participation. Knowing this value and the perspectives of the company is crucial in order to make the right decisions regarding your participation. This is certainly the case if you intend to sell or transfer your participation to (e.g.) your children. We can help you provide the necessary communication channels and tools on a regular basis.