April 6, 2022

Shareholders Agreement Legal Fees Allowable


Shareholders Agreement Legal Fees Allowable: What You Need To Know

When forming a business with others, it’s essential to create a shareholders agreement to help govern how the company is run. One of the key components of a shareholders agreement is outlining how legal disputes will be handled. This includes determining who will pay for legal fees in the event of a dispute among shareholders.

If you’re wondering whether shareholders agreement legal fees are allowable, the answer is yes. However, there are some important considerations to keep in mind.

First and foremost, it’s crucial to ensure that the legal fees are reasonable and necessary. Excessive legal fees could be challenged and deemed unreasonable by a court, which could leave one party responsible for the bulk of the fees.

Additionally, it’s essential to make sure that the shareholders agreement explicitly states who will be responsible for paying legal fees in the event of a dispute. This could include all shareholders, or it could outline specific scenarios where one party would be responsible for covering the costs.

It’s also important to consider the tax implications of legal fees. In Canada, legal fees related to a business are typically tax-deductible. However, it’s best to consult with a tax professional to ensure that all legal fees are being claimed appropriately.

Overall, when creating a shareholders agreement, it’s vital to consider how legal disputes will be handled and who will be responsible for paying legal fees. By including these provisions in the agreement, you can help avoid potential conflicts down the road and ensure that all parties are on the same page when it comes to legal matters.

In conclusion, shareholders agreement legal fees are allowable, but it’s essential to ensure that they are reasonable and necessary. When creating a shareholders agreement, it’s important to include provisions outlining how legal disputes will be handled and who will be responsible for paying legal fees. By doing so, you can help ensure that your business runs smoothly and avoid potential conflicts among shareholders.

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