Glossary entry

English term or phrase:

Shareholders' Agreement or Shareholders Agreement

English answer:

Shareholders' OR Shareholders OR Shareholder Agreement

Added to glossary by Yvonne Gallagher
May 23, 2021 11:21
2 yrs ago
96 viewers *
English term

Shareholders' Agreement or Shareholders Agreement

English Law/Patents Law (general)
Is the correct form with or without the hyphenated Shareholders?
References
fyi/hth
Change log

May 23, 2021 13:00: Mark Robertson changed "Field (write-in)" from "Water supply systems" to "(none)"

May 30, 2021 22:13: Yvonne Gallagher Created KOG entry

Discussion

philgoddard May 24, 2021:
I always think "American Translators Association" looks wrong.

Responses

+3
5 hrs
Selected

both are possible

though, of course, if you want to be grammatically correct you will use an apostrophe. (And to be on the safe side, I would too)

HOWEVER, there are quite a few (though not as many of course) examples of non-hyphenated names like this. And there are bound to be an increasing number of examples in the coming years. Language is constantly evolving after all.

Many brand names haven't been using apostrophes for years, and apparently even more businesses are dropping them now because they get more traffic to the websites without them. So, Robert has given an example of names like “Players Associations” where the possessive apostrophe is dispensed with. There are many more examples like that to be found and not just in the USA either.

Here's a UK legal firm example (perhaps they know no grammar or just don't care?)
https://www.cooleygo.com/documents/shareholders-agreement-uk...

some explanation here
https://www.quickanddirtytips.com/education/grammar/apostrop...
[...]
Attributive Nouns Versus Possessives with Apostrophes
With all this arguing over what a violation of English punctuation rules it is to omit a possessive apostrophe, a possibility that tends to be overlooked is that we might not even be dealing with a possessive at all. In the example of Bakers Toolkit, maybe Bakers is simply the non-possessive plural form of the common noun baker. In other words, maybe bakers is an attributive noun—that is, a noun used to modify another noun. It’s true that in most English compound nouns, the attributive noun is singular, which is why we have toothbrushes instead of teethbrushes, and fingerprints instead of fingersprints. Still, in episode 288, we talked about compound nouns that do have a plural attributive noun, such as systems analyst, rewards cards, and admissions department.

In fact, the Associated Press even prefers to spell phrases such as writers strike and farmers market without apostrophes, so Bakers Toolkit would fit right in with AP style. On the other hand, the Chicago Manual of Style still favors using them except in cases where there’s clearly no possessive meaning. There are two problems with that rule. First, how do you determine when there’s no possessive meaning? Second, as we discussed in episode 315, possessive forms do more than show possession. For example, the phrase my doctor doesn’t mean that I have legal possession of a doctor!..."

--------------------------------------------------
Note added at 23 hrs (2021-05-24 11:12:53 GMT)
--------------------------------------------------

Glad to help.

--------------------------------------------------
Note added at 7 days (2021-05-30 22:02:00 GMT) Post-grading
--------------------------------------------------

Yes indeed, I meant to mention the singular too. For some reason people seem to find the singular non-apostrophised variant form a bit easier to digest.
Though, of course, we also have the American Translators Association and it seems some teeth are set on edge by that too.
I think we'll be seeing a lot more non-apostrophised names from now on.
Note from asker:
Finally a proper explanation of the non-apostrophised variant. Thank you.
Peer comment(s):

agree AllegroTrans : Yes, with preference for the apostrophic version
2 mins
Many thanks:-)
agree Daryo : shareholders' agreement
4 hrs
Many thanks:-)
agree Bruno Carlier : Obviously & again, moral says it MUST be with an apostrophe but we have to stay "up to date" and accept as well the queer version without apostrophe. May God forgive us! :-)
1 day 13 hrs
Thanks:-) (and we don't usually use the word "queer" wirth the "strange" meaning these days. Another example of change).
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you for confirming my existing take on this. There is a third possibility, which we did not touch on, i.e. Shareholder Agreement"
+1
5 mins

Shareholders' Agreement

https://www.investopedia.com/terms/s/shareholdersagreement.a...

shareholders' agreement is an arrangement among a company's shareholders that describes how the company should be operated and outlines shareholders' rights and obligations. The shareholders' agreement is intended to make sure that shareholders are treated fairly and that their rights are protected
Note from asker:
Thank you, but you have not really answered my question. I am obviously aware that both forms are commonly used, but want to know whether there are any reasons why one should be preferred to the other.
Peer comment(s):

agree Jennifer White : Your example illustrates what, to an English speaker, would be obvious.
2 hrs
Thank you very much!
neutral Yvonne Gallagher : no explanation for apostrophe at all?
4 hrs
It doesn't need more explanation!
disagree AllegroTrans : Does not answer asker's question
5 hrs
That is not a sufficient reason to disagree with my answer, I have answered as much as I knew and you can write your own opinion in your answer.
agree philgoddard : Because it's made by the shareholders - it "belongs to" them.
1 day 25 mins
Thank you very much!
Something went wrong...
-1
13 mins

Shareholders Agreement

I bumped into this issue several times. Broadly speaking, both of them are correct. That said I drastically think the apostrophe is old-fashioned therefore I much prefer Shareholders Agreement (without the apostrophe) rather than Shareholders' Agreement.

--------------------------------------------------
Note added at 17 mins (2021-05-23 11:39:17 GMT)
--------------------------------------------------

https://www.academia.edu/24551947/Bond_Law_Review_Shareholde...
Note from asker:
I also prefer the unhyphenated form, although the apostrophe does make sense
Peer comment(s):

neutral writeaway : Your refs don't really back your personal opinion
12 mins
agree Robert Forstag : In American English, this is the preferable form. Thus, we have, “Players Associations” for football and baseball players. See, for example, https://nflpa.com/.
1 hr
Many thanks
disagree Jennifer White : Old fashioned it is not! Basic grammar, apostrophe essential.
2 hrs
neutral Yvonne Gallagher : broadly speaking, BOTH forms ARE in use. Nothing "old-fashioned" about apostrophes unless you know nothing, or could care less, about English grammar? NB a native speaker is seeking an answer, not an "opinion"
4 hrs
disagree AllegroTrans : Apostrophes are not old-fashioned, they are an intrinsic component of English grammar, although both forms are in use in this particular case. In countless cases, apostrophes are absolutely essental.
5 hrs
*essential
Something went wrong...
56 mins

1. AmE Pre-Incorp: Shareholder, 2. Opt-In: Shareholders or 3. Post-Incorp. : Shareholders' Agreement

It's apostrophied rather than hyphenated, though Shareholder-Agreement cannot be ruled out in actual legal AmE practise.

They are three slightly different ideas that cannot be gleaned from website searches and are not used consistently in City of London legal - 2 and 3 used interchangeable at my law firm or court practice.

The first one of Shareholder or Stockholder Agreement is US Am. for the Anglo-Aussie Pre-Incorporation Association Agreement of old. and distinguishable from Bye-Laws - BrE Articles of Assoc.

The second one of a Shareholders Agreement could be a pre-existing contract future members - not privy to the original agreement - can opt into.

It could also mean the contractual force of Articles of Association, namely controversially in Eng. company law an implied Contract between Shareholders.

The third one of Shareholders' Agreement connotes either one made, unprompted and voluntarily, post-incorporation between the shareholders or the Shareholders' *Assent* to a Scheme of Arrangement on a threatened W-U, winding-up.

--------------------------------------------------
Note added at 2 ore (2021-05-23 13:34:18 GMT)
--------------------------------------------------

cut to used *interchangeably* aka sloppily:

https://www.yourcompanyformations.co.uk/blog/what-is-a-share...
Example sentence:

US Am: While the articles of incorporation will identify the key players in the corporation, the shareholder agreement will clearly outline everyone's roles and responsibilities.

Clifford Chance UK: Ensure that confidential information at the board level is not made available to shareholders except as required by law and contractually (e.g. by the shareholders' agreement)

Something went wrong...
-2
9 hrs
English term (edited): shareholders\\\' agreement or shareholders agreement

100

A share-holder: BrE//stock-holder is an owner of shares in a business

A share-holder agreement is a document involving multible shareholders of a company ,detailing the specific outcomes and actions that will be taken in the event of
Share-holder leaving the company weather voluntarily or in voluntarily if a company ceasing trade
Peer comment(s):

disagree Yvonne Gallagher : 100?? what is that supposed to refer to? And yet another definition?
15 hrs
disagree AllegroTrans : 100?? And does not answer asker's question
16 hrs
Something went wrong...

Reference comments

23 mins
Reference:

fyi/hth

https://www.adamsdrafting.com/apostrophe-in-shareholders-agr...


Shareholders' Agreement - Investopedia
www.investopedia.com › terms › shareholdersagreement
A shareholders' agreement, also called a stockholders' agreement, is an arrangement among shareholders that describes how a company should be operated ...

Shareholders' Agreements - Stephensons Solicitors LLP
www.stephensons.co.uk › cms › document › Sha...
PDF
A shareholders' agreement is an agreement entered into between all or some of the shareholders in a company. It regulates the relationship between the shareholders, the management of the company, ownership of the shares and the protection of the shareholders. They also govern the way in which the company is run.

Shareholders' agreement - Wikipedia
en.wikipedia.org › wiki › Shareholders'_agreement
A shareholders' agreement (SHA) is an agreement amongst the shareholders or members of a company. In practical effect, it is analogous to a partnership ...
‎Purpose · ‎Risks · ‎Common characteristics · ‎Registration

Shareholders' agreement | Practical Law
uk.practicallaw.thomsonreuters.com › ...
In a management buyout transaction, the investment agreement is sometimes known as the shareholders' agreement and evidences the commitment of both the

Shareholders' agreement between individuals | Practical Law
uk.practicallaw.thomsonreuters.com › ...
Shareholders' agreement between individuals ... A shareholders' agreement between more than two parties, designed for use in relation to a private company ...

etc.

--------------------------------------------------
Note added at 27 mins (2021-05-23 11:48:38 GMT)
--------------------------------------------------

The www is often the best place to solve issues about English writing (spelling, punctuation, etc.)

--------------------------------------------------
Note added at 1 hr (2021-05-23 13:13:54 GMT)
--------------------------------------------------

In response to your reply, which I received in a Proz email but that I can't see here under my reference, it may well be yet another great UK-US divide.

--------------------------------------------------
Note added at 2 hrs (2021-05-23 13:24:50 GMT)
--------------------------------------------------

NOW I can see your note!
Note from asker:
Thank you. I have made the same and similar searches and Shareholders' and Stockholders' do seem to predominate. I know the apostrophe does make sense, however some otherwise reliable sources seem to prefer Shareholders.
Peer comments on this reference comment:

agree Dominique Stiver : it reflects my opinion. I may be old fashioned!
8 mins
agree Rachel Fell
40 mins
agree Jennifer White : Of course - old fashioned or not, this is grammatically correct.
2 hrs
agree Tina Vonhof (X)
3 hrs
agree AllegroTrans : Certainly correct, albeit the form without the apostrophe has crept (or wormed) its way into use, as have "fish and chip's" (sic) and cappucino's and even dropping leading capitals from personal names...Long live the Apostrophe Society
5 hrs
agree philgoddard
1 day 9 mins
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search