Shareholders’ Agreements & Company Governance

The prevention practice: agreements, constitutions and exit mechanics drafted before the dispute — when protection is cheap.

Every dispute page on this site has a sentence that begins “if an agreement exists…” This is the page where it gets to exist. Half our dispute practice is spent litigating questions a two-hour drafting session would have answered a decade earlier — and we say so to every company that comes in intact.

Mary Molloy Solicitors are solicitors, not accountants or tax advisers. Nothing on this page is tax, accounting or financial advice — engage your accountant on those questions, and both advisers together where matters straddle the line. Company law procedures, CRO practice and filing deadlines change frequently, and reform of the law governing owners’ management companies and charities is ongoing; confirm the current position before acting on anything here.

What the Drafting Practice Covers

  • Shareholders’ agreements: decision rules, money flows, transfer and exit mechanics, deadlock provisions, leaver terms — the dispute-proofing document (see the FAQ for the full anatomy);
  • Constitutions: reviewed and aligned — including the 2024 Act’s virtual-meeting and sealing updates;
  • Family company structuring: agreements drafted alongside the succession documents so the corporate plan and the estate plan say the same thing — the TEP dimension of the family practice;
  • Partnership deeds: the unincorporated version, before the 1890 Act’s defaults write your terms for you: why that matters;
  • Governance and housekeeping reviews: registers, minutes, filings, RBO and registered-office compliance — unglamorous, and now carrying strike-off consequences;
  • Club, charity and OMC constitutions: the volunteer-sector versions, where clear rules prevent the AGM wars: the community practice.

Drafted by the People Who Litigate the Gaps

Dispute practice is the best drafting education there is: we know which clauses actually decide fights because we spend the rest of the week fighting over their absence — the valuation mechanism that removes the biggest battleground, the deadlock ladder that ends at a priced exit instead of a courtroom, the leaver terms that make departures administrative. The method is a structured conversation about the uncomfortable scenarios (death, divorce, departure, disagreement, dilution), then documents that answer them — reviewed against the register every few years, because the disputes we run are overwhelmingly fought by companies whose paperwork stopped matching their reality.

Intact Company, No Agreement?

The cheapest work on this site, and the highest-return: two hours of uncomfortable questions, answered while everyone still likes each other.

Call 01 5827148

Related Reading

Agreements & Governance - FAQs

Because you get on great - which is exactly when fair terms can be agreed. A shareholders’ agreement is drafted for the day one of you dies, divorces, burns out, wants out or wants the other out: it prices the exit, breaks the deadlock and protects the company from the fight, at a cost that is a rounding error against any dispute on this site. Every 50/50 war we run has the same first question - “is there an agreement?” - and the same expensive answer.