Under OBCA s. 108(2), a written agreement among all shareholders may restrict directors’ powers, and a sole beneficial owner can create a deemed unanimous shareholder agreement by written declaration under s. 108(3). In Duha Printers, the Supreme Court held that a USA is a constating document and a “corporate law hybrid, part contractual and part constitutional in nature,” which is why USA disputes often affect governance itself rather than merely private contract rights.
Frequently Asked Questions
What is a unanimous shareholder agreement, and why does it matter?
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