Shareholder disputes
We help resolve disagreements between shareholders that affect the management of a business or an owner’s rights. We assess the documents, the scope for agreement and the available legal remedies.
When disagreements threaten the company’s operations
One shareholder lacks access to documents, while another wants to change the management or sell their stake. Meanwhile, the company must continue performing contracts and paying its debts. The first step is therefore to separate the personal conflict from specific legal issues and any action that cannot wait.
We assess the articles of association, agreements between owners, corporate resolutions and correspondence to date. We establish whether the client is a shareholder, a managing director or the company. This determines which rights can be asserted and against whom.
How we can help
For general meeting resolutions, the next steps may depend on when the owner learned of the resolution, whether they attended and what objections they raised. If you have received a notice of meeting or a resolution, attach it and state the date of receipt. We assess the deadlines according to the specific circumstances.
Agreement on the company’s future
Where negotiation is possible, we prepare a proposed solution and the terms on which an agreement would make sense. This may involve changes to decision-making rules, clearer information obligations or a share transfer. A departing shareholder’s loans to the company, personal security for its obligations and role as a managing director also need to be addressed.
Agreement on the price of a shareholding alone may not bring every relationship to an end. As part of a share transfer, we therefore also identify outstanding claims and obligations. If agreement is not possible, we assess court remedies and their impact on the company’s operations.
Documents for the first consultation
Prepare the articles of association, any shareholders’ agreement, an overview of shareholdings, and general meeting notices and minutes. A brief timeline and correspondence recording the dispute will help. Tell us what outcome you want and which deadlines are currently running.
Following an initial assessment, we agree the scope of work and fees. Settlement negotiations and litigation are separate stages; we discuss their costs and risks individually.
Frequently asked questions about shareholder disputes
Can you represent both the company and me personally?
Not automatically. We first assess whether the two clients’ interests conflict. The client’s identity must be clear before we accept the matter.
Can I simply leave the company?
The options depend on the legal form, documentation and circumstances. Leaving as a shareholder, selling a stake and resigning as a managing director have different requirements and effects.
Can a minority shareholder protect their rights?
Yes. The size of a shareholding does not in itself rule out legal protection. The appropriate steps depend on the interference with your rights, the articles of association and compliance with the requirements for bringing a claim.
Do we need to file a claim immediately?
Not always. We assess the scope for agreement alongside any action that must be taken in time to prevent negotiations from resulting in a loss of legal remedies.
Can you help prevent another dispute?
Follow-up work may include amending the articles of association or a shareholders’ agreement. The aim is to clarify decision-making, access to information and the procedure for a future departure in advance.
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Comprehensive solution of legal challenges for different business entities
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Do you need legal advice?
We are ready to help you with any legal issue. Do not hesitate to contact us for a non-binding consultation.
