We are looking for an English shareholders agreement template for international (other partners outside of the EU) ApS company The template should be drafted for Danish law, and should consider allocation of stock for employee stock options. Any help will be well-appreciated..
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Hi,
I know this sounds as a kliché but shareholder agreements can rarely be based upon a template and when we talk english versions with partners from outside EU I would definitely not advice using a template.
Company law in EU differs a bit, but outside EU, company law legislation can vary a great deal from the danish model, especially regarding allocation of stock for employees either through stock options, warrants or other instruments. As you may know a stock-option program or warrant program can easily be set up but can be a bit of a burden admistratively, so it is important to find the exact model that suits you, your employees, your company and its development. Furthermore, a stock option program needs to be reflected in the articles of association as well as in agreements with each of the employees.
I would therefore highly recommend that you seek advice with a Danish lawyer, who will be able to introduce and explain the Danish Company law to your partners, as well as create an agreement that reflects the company and business that you are in, taking into account the parties wishes and interest and try to translate them in the best way possible into solutions that would work according to Danish law.
You are very welcome to contact me for a free introductory meeting if you are interested.
Regards,
Pernille Ørskov, lawyer