Contracting Parties in the Shareholders’ Agreement

Abstract

It is a controversial issue in the Hungarian legal science who can be a party to the shareholders’ agreement (syndicate contract). The primary point is that only the shareholders or members of a company can participate in the syndicate contract. However, the author disputes this approach and puts forward arguments that the definition of the syndicate contract and its delimitation from other contracts are not solved through the sphere of contracting parties. According to the analysis, not only the company members can appear as a contracting party in the syndicate agreement, but also third parties: as directors, some of the creditors or even the company itself.