Expert help with shareholder disputes
Shareholder disputes are often both sensitive and complex, and come in all shapes and sizes. You may be a director, trying to respond to a shareholder issue or a majority or minority shareholder. With experience of a vast range of shareholder issues and the surrounding law, we’re on hand to assist.
The law and relationship between shareholders and a company
The legal relationship between a company, its directors and the shareholders is highly complex and disputes may revolve around the Companies 2006, the Insolvency Act 1986, the Articles of Association and the shareholders agreement. What’s more a shareholder may also be a director or employee of the company and issues with shareholders can have both serious financial implications and the potential to seriously undermine morale within the company. Our expert team is on hand to help with all these issues and to try and ensure a speedy and cost-effective resolution.
Majority shareholder issues
Majority shareholders have considerable powers when it comes to dismissing and or appointing directors, and thereby forcing the company to make certain decisions. The potential for this to destabilise a company is significant and you need an expert team with experience of the complex law but also the ability to advise and negotiate in a situation that can be emotive, sensitive, urgent and volatile.
Minority shareholder rights
When there is a disagreement amongst shareholders, you may need assistance with the various minority statutory rights available and how and if these are to be exercised. Whether it is simply insisting on inspecting the company register or requiring the company to call a general meeting, these matters can often help defuse and resolve a situation.
Shareholder claims
In some instances, shareholders may wish to enforce their rights conferred by the Articles of Association or their shareholders agreement, for example to prevent the directors acting in a certain way. Or shareholders may wish to bring a claim for wrongdoing or a derivative claim against a wrongdoer. Our experienced team can advise and assist with either the best route and manner in which to proceed, or alternatively, the best way to respond to such an action.
Winding up and unfair prejudice
In cases where the shareholder and director relationship is untenable it may lead to issues about whether it is just and equitable that the company should be wound up. Alternatively, in some cases, the shareholder may wish or be able petition the court that the affairs of the company are being conducted in a manner that is unfairly prejudicial to all or part of its members. These are both draconian and extremely complex areas which will be judged on the individual facts, and you will need the assistance of an experienced shareholder dispute team.
Our shareholder dispute team
Shareholder disputes require a number of different skills and areas of expertise. We can help with diffusing disagreements and negotiations, advising on shareholder and company / director rights and preparing and conducting proceedings. Our aim is always to do so as expeditiously and cost effectively as possible with your objectives clearly in sight.
We have experience across multiple sectors including:
- Financial services
- Professional services
- Leisure
- Retail
- Property
Call us today about a shareholder dispute
If you need advice or assistance in respect of a shareholder dispute, contact us today. Our team is ready to help.
Or visit Dispute Resolution to learn more about our services.
