Clearly drafted and agreed articles of association and a shareholder agreement should mitigate the occurrence of shareholder disputes which can be very costly and time consuming.
The activities of corporations dig deep into all our lives. The whole community is interested in the management of companies being accountable to their shareholders. Enterprise and the entrepreneurialism of directors and managers is key to our prosperity. They need to be efficient, responsive and accountable to their shareholders.
Shareholder action of one kind or another can make an important contribution to efficient and principled corporate governance. They can have a deterrent effect on irresponsible behaviour which breaches fiduciary duties or other duties. They help to induce the higher standards that society now expects. But shareholders must also be subject to checks and balances and the provisions of the Companies Act 2006 now provide for some of those in derivative actions with the courts being the final authority of the rights of sharehlders and directors.
We can advise you on:
Shareholder rights to make a Derivative claim
Rights of shareholders conferred by the Companies Act 2006
Who and when to Petition to wind up on a Just and Equitable basis
What amounts to Unfair Prejudice of a minority shareholder
The process of a Petition to wind up under section 994 of the Companies Act 2006
We offer the most appropriate dispute resolution process for each individual client and case. Our expertise in all forms of Alternative Dispute Resolution (“ADR”) is the key to achieving a pragmatic and commercial resolution to the dispute.
To see how we can help you resolve your dispute please call us on: 01604 973977