The Partners' Agreement helps to gather all the interests of a certain firmed company, allowing in fact, the full exercise of the rights arising from this partner condition.
An agreement between the partners is essential.
We know how important it is to define precisely not only the company's conduct formats, but also its respective administrative practices.
In order to have a balance of powers among the partners, the same document must contain how this power of decision will be distributed among all the members of the company so that there will be no fights in the future. This Partners? Agreement must contain everything which involves the company and the partners, such as the administration of such company, transactions and all other objects which are related to the common corporate interests.
You can choose the moment to execute the Partners' Agreement, however, the ideal is to do it as soon as possible, if possible from the beginning of the partnership, regardless of its particularities.
After all, if it exists to avoid tensions and major conflicts between partners, it is then of a preventive nature and thus will be decided the criteria that will be adopted and put in the documentation. The Trevisan, Carvalho & Trevisan law firm has extensive experience in Partners Agreements, with specialized lawyers who will provide you with personalized service, understanding how your business works and the best paths to follow. Please contact us.
Check now the most frequently asked questions about our solution.
The Partners' Agreement is a Private Instrument prepared by a specialized lawyer, who has knowledge about the company's structure, the implications brought with what is agreed and who has enough experience to conduct complex discussions and of varied interests.
It is not necessary to register the Partners? Agreement in any Organ, however, it is essential that the document is kept in the company, always available to the partners.
The only and main document necessary for the preparation of the Partners Agreement is the Articles of Association, which will be the starting point and the basis of the clauses that will be agreed separately to the contract already registered with the competent body.
The Partners Agreement may have clauses other than those agreed upon in the instrument to which it refers, however, it can never be in disagreement with it.
Violation of the partners' essential rights, abusive exercise of control power, violation to the protection of the popular economy, negotiation of the voting right in exchange for advantages, prejudice to the corporate interest, among others, are some of the matters that cannot be dealt with in a Partners' Agreement.
The Partners Agreement takes into account a series of particularities of the Company and of the interests of its partners, gathering the interests of all members and becoming an important device that besides helping in the decision-making process, its main objective is to mitigate conflict situations.
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