{"id":7650,"date":"2019-09-27T14:17:45","date_gmt":"2019-09-27T12:17:45","guid":{"rendered":"https:\/\/www.everestnotariaat.com\/the-corporate-effects-of-a-settlement-agreement-within-the-company\/"},"modified":"2026-03-10T13:55:55","modified_gmt":"2026-03-10T13:55:55","slug":"the-corporate-effects-of-a-settlement-agreement-within-the-company","status":"publish","type":"post","link":"https:\/\/everestnotariaat.com\/en\/the-corporate-effects-of-a-settlement-agreement-within-the-company\/","title":{"rendered":"The corporate effects of a settlement agreement within the company"},"content":{"rendered":"

It is clear that a shareholders\u2019 agreement has its effects within the formal regulations of a company. These effects imply that stipulations in the shareholders\u2019 agreement operate within the corporate sphere.\u00a0<\/span><\/em><\/p>\n<\/div><\/div><\/div><\/div>

<\/span><\/div>

This is particularly important if company decisions conflict with the shareholders\u2019 agreement. The court has repeatedly confirmed that a shareholders\u2019 agreement has a company law effect. This means that decisions which are in conflict with the shareholders\u2019 agreement are annullable, according to the principles of reasonableness and fairness. <\/span><\/p>\n

Recently, the question has been submitted to the court of Zeeland-West Brabant about how corporate law relates to contractual agreements other than those of a shareholders\u2019 agreement.<\/span><\/p>\n<\/div><\/div><\/div>

A family company <\/span><\/strong><\/p>\n

This case is about a family company. The shares in the family company are certified and are held by three children. The contractual arrangements between them are included in a settlement agreement. Two of the children made a decision that was in conflict with the stipulations of the settlement agreement. <\/span><\/p>\n

As a reaction to this decision, the third child has initiated a legal procedure at the court and claims that the decision is illegal because of a breach of the principles of reasonableness and fairness. The third child claimed that the settlement agreement has the same corporate law effect as a shareholders\u2019 agreement.<\/span><\/p>\n

In this case the court of Zeeland-West Brabant concludes that the settlement agreement does indeed have corporate law effect and that the decision must be annulled.<\/span><\/p>\n<\/div><\/div><\/div><\/div><\/div>","protected":false},"excerpt":{"rendered":"

It is clear that a shareholders\u2019 agreement has its effects within the formal regulations of a company. <\/p>\n","protected":false},"author":5,"featured_media":10374,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"slim_seo":{"title":"The corporate effects of a settlement agreement within the company - Everest Notariaat","description":"It is clear that a shareholders\u2019 agreement has its effects within the formal regulations of a company."},"footnotes":""},"categories":[],"tags":[],"class_list":["post-7650","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/everestnotariaat.com\/en\/wp-json\/wp\/v2\/posts\/7650","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/everestnotariaat.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/everestnotariaat.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/everestnotariaat.com\/en\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/everestnotariaat.com\/en\/wp-json\/wp\/v2\/comments?post=7650"}],"version-history":[{"count":0,"href":"https:\/\/everestnotariaat.com\/en\/wp-json\/wp\/v2\/posts\/7650\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/everestnotariaat.com\/en\/wp-json\/wp\/v2\/media\/10374"}],"wp:attachment":[{"href":"https:\/\/everestnotariaat.com\/en\/wp-json\/wp\/v2\/media?parent=7650"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/everestnotariaat.com\/en\/wp-json\/wp\/v2\/categories?post=7650"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/everestnotariaat.com\/en\/wp-json\/wp\/v2\/tags?post=7650"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}