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PDF Editor FAQ

A physician friend of mine has believed for many years that Theranos is a fraud. Since Theranos is a private company, is there a way she could have profited from its decline?

In theory you could create a synthetic short (http://financial-dictionary.thefreedictionary.com/synthetic+short+sale) but in reality, private companies' shareholders' agreements likely prohibit writing puts and calls against the company's equity.

What are some common conditions in a shareholder agreement for revoking vested shares from an employee (e.g. failure to meet performance conditions)?

It is not very common to have these things in employment agreements. Dismissal for cause is one of the few things that is used and even that isn't very common in venture-backed companies (although more common in companies funded by private equity). It is more practical to grant shares based on objectives than to take something away. It will almost certainly result in a dispute as to whether it was partially achieved or whether it was someone else’s fault.

How can I make shareholders agreement for my private limited company partners?

A shareholders agreement is one of the first complex legal documents that a business needs to have in place. It is recommended that you don’t copy paste it from somewhere, but rather engage a lawyer, who has experience preparing such documents, to draft one for you.The terms of a shareholders agreement also need to be recorded in the company's Articles of Association. You would require legal help for this aspect as well.All shareholder agreements are different, much like a tailor made suit. It's therefore suggested that you give your measurements and let an expert make you something that fits perfectly.EDIT: A co-founders' agreement is different from a shareholders agreement. There may be some overlap at times but these are largely distinct documents.

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