Sending a shareholders' agreement for signature.
A shareholders' agreement is signed by every shareholder of a company, and often by the company itself. For a start-up raising its first round, that might be founders plus a dozen angel investors, some signing through trusts or their own companies. Here is how to send your own agreement and get every signature without a spreadsheet of who is outstanding.
Map the signers first
Before you upload anything, list every shareholder and who signs for each. A shareholder that is a family trust needs each trustee; a shareholder that is a company needs its director or directors. The company itself usually signs through one or two directors too. Getting this list right is most of the work.
- Each individual shareholder, signing in their own name.
- Each trustee of any shareholding trust.
- Directors signing for any corporate shareholder.
- Directors signing for the company itself.
One envelope, many signatures
Add everyone to one envelope and let them sign at the same time. Each person signs their own execution block, so place their fields on the right page. The envelope status shows exactly who has signed and who has not, which replaces the spreadsheet most company secretaries keep for a funding round.
Investors appreciate a plain-language overview of a long agreement. Switch on document summaries so each signer can read one before they sign.
New investors after the first round
When a new shareholder comes in later, they often sign a deed of accession agreeing to the existing agreement, rather than everyone re-signing. That is a much smaller envelope: the incoming shareholder, and the company. Ask your adviser how the accession needs to be signed, then save it as a template for the next investor.
Board paperwork in the same place
Share issues and new investors usually come with director resolutions and shareholder consents. Send those through SignAndGo as well, so the board's paperwork for a round sits in envelopes with audit trails rather than in someone's inbox. Copy in the company's accountant so the new shareholdings can be reflected in the company's records.
The completed agreement
Once the last signer finishes, every party receives the completed agreement with a completion certificate. The verification ID lets a future investor, buyer or due diligence reviewer check the copy they are shown is the one that was signed.
Common questions
- Can trustees sign for a shareholding trust?
- Yes. Add each trustee as a signer and place their fields on the trust's execution block.
- Do existing shareholders sign again when a new investor joins?
- That depends on your agreement. Many use a deed of accession signed by the new shareholder and the company; check with your adviser.
- Can I see who still has to sign?
- Yes. The envelope shows each signer's status as it changes.