Why Every Family Business Needs a Shareholders’ Agreement

When it comes to family run businesses, legal documents like shareholders’ agreements (SHA) can sometimes feel unnecessary. After all, these companies are often built on trust, shared values and longstanding relationships. But while the close knit nature of family enterprises can be a strength, according to B P Collins’ senior associate, Beth Miel and partner, David Smellie, it’s precisely this emotional dynamic that makes clear legal agreements essential.
Created: 27 August 2025
Last Reviewed: 27 August 2025

Introduction

A shareholders’ agreement is a private document which complements the company’s articles of association (an official public document which includes rules that govern the business and is filed at Companies House) but remains confidential. This privacy is especially valuable in family businesses. For example, provisions relating to specific shareholders, private loan arrangements, or other confidential business information can be detailed in a SHA without public disclosure. Importantly, the SHA acts as a roadmap during both calm and contentious times.

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