Shareholder agreements are designed to protect the interests of each shareholder by establishing a set of legally binding rules which must be followed. By outlining expectations in areas such as ownership, management, and dispute resolution, these contracts help ensure that everyone involved with the company is aware of their rights and responsibilities when it comes to corporate governance.

To create a shareholder agreement for your business, you will need to follow these steps:

1. It is essential to gain clarity on the purpose of your shareholder agreement, as well as consider factors such as business size/structure and relevant roles for each stakeholder. Only then can you create a tailored document that works in harmony with all involved parties.

2. Gather all relevant information, including the articles of incorporation, the company bylaws, and any existing agreements or contracts.

3. Ensure that the agreement is legally binding and meets all relevant legal requirements (you should speak to a business lawyer).

4. Crafting an agreement that encompasses the full scope of corporate rights, obligations, and regulations will ensure a successful business venture. Craft provisions to cover voting privileges, dividend distributions, share transfers, and even dissolution protocols.

5. Review and revise the agreement as necessary to ensure that it accurately reflects the intentions of the shareholders and the needs of the business.

6. Have all shareholders sign the agreement to make it legally binding.

A shareholder agreement is an essential component of any business. To ensure it reflects the goals and direction of your company in a legally binding way, carefully consider all aspects pertinent to its creation; then, seek counsel from a lawyer specializing in corporate law to help guarantee that regulatory requirements are fulfilled.

Contact Fulcrum Law today to better understand your situation and get expert guidance on how to best protect your interests.

An employment contract is a legally binding agreement between an employer and an employee that outlines the terms and conditions of the employment relationship. It should include the following information:

1. The name of the employer and the employee.
2. The job title and job responsibilities of the employee.
3. The length of the employment term (e.g., indefinite, fixed-term).
4. The location of the employment (e.g., office location, remote work).
5. The salary or hourly wage of the employee.
6. The schedule and hours of work.
7. Any benefits or perks provided by the employer (e.g., health insurance, vacation time).
8. Any probationary period or trial period.
9. Any intellectual property ownership rights or confidentiality agreements.
10. Termination provisions, including the notice period required for either party to terminate the contract.

It is important to carefully review and understand the terms of the employment contract before signing to ensure that it accurately reflects the expectations and obligations of both the employer and the employee.

Get in touch with Fulcrum Law today for expert advice on safeguarding your interests and ensuring your contract aligns with your business needs.

Non-compete clauses, also known as restrictive covenants, are provisions in an employment contract that seek to restrict an employee's ability to work for a competing company or start a competing business after the employment relationship ends. These clauses are generally enforceable if they are reasonable in scope and duration, and if they are necessary to protect the legitimate business interests of the employer.

However, non-compete clauses are typically disfavoured by courts because they can limit an employee's ability to earn a living and may be perceived as unfairly restricting competition. Courts will closely examine the terms of a non-compete clause to ensure it is not overly broad or oppressive.

If you are considering including a non-compete clause in your employment contracts, it’s crucial to consult with a Fulcrum business lawyer to ensure it is properly drafted and enforceable. You should also carefully consider the impact such a clause may have on your employees, as it could deter them from accepting employment with your company.

Contact Fulcrum Law to learn more about how we can support you in protecting your business and ensuring your contracts are fair and compliant with Canadian regulations.

If you are hiring contractors for your business, it is essential to clearly define the ownership of any intellectual property created during the course of the contract in your contractor agreements. Here are some steps you can take to handle intellectual property ownership in contractor agreements:
‍
1. Determine the scope of the work being performed by the contractor and the intellectual property that may be created as a result.

2. Consider whether the business will retain ownership of any intellectual property created by the contractor or if the contractor will retain ownership and grant a license to the business to use the intellectual property.

3. If the business will retain ownership of the intellectual property, include provisions in the contractor agreement stating that the contractor assigns all rights, title, and interest in the intellectual property to the business upon creation.

4. If the contractor will retain ownership of the intellectual property and grant a license to the business, specify the terms of the license, including its duration, the scope (e.g., exclusive or non-exclusive), and any restrictions on the use of the intellectual property.

5. Consider whether the business will have the right to sublicense the intellectual property to third parties.

6. Include provisions in the contractor agreement addressing the confidential nature of the intellectual property and the contractor’s obligations to protect its confidentiality.

It is crucial to define the ownership of intellectual property in contractor agreements to ensure the business has the appropriate rights to use and exploit the intellectual property, avoiding disputes over ownership. Consulting with a Fulcrum business lawyer can help you draft provisions that are legally sound and enforceable.

If a builder lien is not paid, the contractor may have the right to take legal action to recover the outstanding amount, including seizing the property.

It is important to take action to resolve the issue as soon as possible to avoid further legal consequences.

If you need legal support contact Fulcrum Law and talk to one of our experienced construction and real estate lawyers.

If an employee makes a complaint against your business alleging a violation of the British Columbia Employment Standards Act (BC ESA), it is crucial to take the complaint seriously and take appropriate steps to address the issue.

Here are some steps you can take:

1. Contact a Business Lawyer: Consider consulting a business lawyer, such as one from our team at Fulcrum Law.

2. Review the Complaint: Carefully review the complaint to understand the specific allegations being made and any evidence the employee has provided.

3. Determine the Validity of the Complaint: If the complaint appears to be valid, assess whether the business is in violation of the BC ESA and whether corrective action is necessary.

4. Take Corrective Action: If the complaint is valid and corrective action is needed, take steps to remedy the issue and ensure the business is in compliance with the BC ESA. This may involve making changes to policies and procedures, providing additional training to employees, or taking disciplinary action as appropriate.

5. Communicate with the Employee: If the complaint is valid, communicate with the employee to acknowledge the issue and discuss any steps taken to address it.

6. Document the Steps Taken: It is essential to document all actions taken to address the complaint, including any corrective measures and communication with the employee. This helps demonstrate that the business is taking the complaint seriously and working towards a resolution.

Contact Fulcrum Law to better understand your legal obligations and receive guidance on how to handle employment-related complaints effectively.