Conflict between the Shareholder's Agreement and Articles of a Company

Mishra, Shriya, Sethi, Sehar and Chhabria, Pragya (2022) Conflict between the Shareholder's Agreement and Articles of a Company. International Journal of Law) Management & Humanities, 5 (2). pp. 1893-1906. ISSN 2581-5369

[thumbnail of Conflict between the Shareholde.pdf] Text
Conflict between the Shareholde.pdf - Published Version
Restricted to Repository staff only

Download (1MB) | Request a copy


With the rise in the shareholder’s agreement entered into by the shareholders of the company, it is important to analyse the enforceability of the agreement, especially when held against the document of Articles of Association, which is a part of the bible of the company. There stands ambiguity as to whether it is actually beneficial and of relevance to enter into a Shareholder’s agreement when there lacks clarity as to whether it is actually enforceable and whether on conflict with the Articles of Association of the company, what would prevail and the rationale behind it adjudicated by the courts. It is important to trace and highlight the progress in the history of the Shareholder’s agreement and how it is at the position where it is currently and the prediction of the future of the enforceability of the provisions under the agreement. This project aims to clarify the legal position of the Shareholder’s agreement with respect to its enforceability and provide clarity on the possible outcomes of a conflict between the SHA and AoA

Item Type: Article
Keywords: Shareholder's Agreement | Articles of Association | Conflict | Breach of SHA | Remedies
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 29 Jun 2022 08:39
Last Modified: 29 Jun 2022 08:39
Official URL:


Downloads per month over past year

Actions (login required)

View Item
View Item