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As a starting director-major shareholder, you can prevent problems by properly arranging a few things: a solid management agreement between your holding company and the operating company, clear shareholder agreements, and attention to your tax position.
Tip 1: Ensure you have a good management agreement
Many new director-major shareholders forget to draw up a management agreement, even though it forms the basis for the relationship between your personal holding company and the operating company. In it, you define the activities, the management fee, liability, and termination options. Without this agreement, ambiguity arises and potential disputes with the tax authorities.
Tip 2: Establish the shareholder structure
If you have co-shareholders, set out control, the dividend policy, a dispute resolution mechanism, and exit scenarios in a shareholders' agreement. This prevents most conflicts and protects your interests.
Tip 3: pay attention to your tax position
As a Director-Major Shareholder, you will have to deal with rules regarding customary salary, dividends, and the relationship between your holding company and operating company. The exact amounts and rules change periodically; have your structure assessed for tax purposes to avoid additional assessments. (Coordinate the tax implications with your accountant or tax specialist.)
Tip 4: Arrange your structure and risk
A holding structure protects assets and offers flexibility. Also consider a proper separation of private and business assets, and directors' liability: document decisions and act as a prudent director.
Frequently Asked Questions
Do I need a management agreement as a director-major shareholder?
Yes, it regulates the relationship between your holding company and the operating company and prevents ambiguity and tax disputes.
What do I arrange with co-shareholders?
Control, dividend policy, a dispute resolution mechanism, and exit scenarios in a shareholders' agreement.
What do I need to pay attention to from a tax perspective?
Including the customary salary and the holding structure. The amounts change; coordinate this with your tax advisor.
Off to a good start as a Director-Major Shareholder?
Our legal experts draft your management agreement and shareholders' agreement . View our corporate lawteam or schedule a free consultation.