Notice period employment contract and shareholders' agreement

Questioner

At the end of last year I became a small shareholder of 4.99% of the company I work for. For this I went to the notary and obtained a shareholders agreement. This contains agreements between me and the employer. I would like to know what the exact notice period is. Original employment contract: 1 month notice period. Shareholders Agreement: 2. The following applies in the event of withdrawal at one's own request. a. If a party wishes to withdraw as a (in)direct shareholder, he must do so at all times, provided that a notice period of 1 (one) month is observed before the end of the financial year. The notice must be given in writing to the other parties, by registered mail or with acknowledgement of receipt. b. By termination, the terminating party is deemed to have offered its shares in the company for sale to the other parties. c. The price of the Shares will be determined in accordance with the provisions of Article 3 of this Agreement. 3. In the event of a situation as referred to in paragraphs 1 and 2, the shareholder concerned shall be obliged to offer its shares in the company to the other shareholders. The price shall then be determined in accordance with Article 4. I hope you can clarify the notice period for me. Kind regards,

Lawyer

These agreements exist side by side in themselves. Often the shareholders agreement also contains a provision on what happens if the employee resigns/is dismissed. If not, then theoretically you could simply be a shareholder while you resign and the employment contract no longer applies. So it depends on what exactly is in the (rest of the) shareholders' agreement. You do not always have to be employed in a company with which you have a shareholders' agreement. Please feel free to contact me if you have any questions or wish to discuss the matter further.