Shareholder’s agreements have become vital in the company’s life, specially, in public limited companies and private limited companies. To the extent that these agreements serve the interests of the shareholders’ and, at the same time, complement the articles of association, it is essential to study the limits to this figure. The subject of the present work deals with one of the limits of shareholders' agreements, provided for in the last part of article 17, no. 1 of the portuguese Commercial Companies Code (“Código das Sociedades Comerciais”), namely the restriction of these agreements concerning the conduct of persons in the exercise of management functions. With the intention of proposing solutions to the practical questions that arise in relation to this limit, we seek to briefly explain the regime of these agreements, reflect on their reasons, and analyse their admissibility in examples of concrete clauses.
|Date of Award||10 Sept 2020|
- Universidade Católica Portuguesa
|Supervisor||Maria de Fátima Ribeiro (Supervisor)|
- Shareholder’s agreements