Shareholder and Director Disputes
Disputes can happen in any size of business, particularly when shareholders or directors believe that some kind of wrongdoing has taken place.
Legal action can be extremely disruptive to the day-to-day running of a company and Jarmans Solicitors always recommend that shareholders and directors get legal advice as soon as rumblings of unrest begin. This will help you to protect the value of your business assets.
Disputes within companies can result from a number of scenarios and can be between:
• Shareholders (both minorities and majorities) in a company
• Disputes between Directors (and also their shareholders)
Some of the more common disputes are listed below. If you find yourself or your business in any of these scenarios, contact our team of experienced business solicitors.
Shareholder disputes can be detrimental for businesses, particularly if Directors are also deadlocked. In most cases it is important to consider the Company Articles of Association and (or) a written Shareholder’s Agreement. Careful negotiation and review will usually lead to resolution.
Where the Company Articles of Association are silent or there isn’t a Shareholder’s Agreement, our team would turn to The Companies Act 2006 to resolve the deadlock.
Jarmans’ Business Law Team can work with both shareholders and directors to get your business back on track and running properly. This includes working on:
• Petitions for the statutory winding up of a company
• Removals of directors
• Unfair Prejudice Petitions
• Shareholder buy-outs
• Company buy-backs
Directors are major decision makers in every business, so if a company board isn’t working properly it’s likely that your business won’t be either. A director dispute can have an extremely negative impact on the functions of a business.
We will always work to avoid acrimony and seek a practical and negotiated resolution to any board issues. Jarmans have expertise in the following:
• Appointment and removal of directors
• Breach of director duties (statutory and fiduciary)
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“Good morning Kendra, I wish to thank you for acting so brilliantly on my behalf; your calm, knowledgeable, compassionate approach reassured me and gave me confidence with the decisions I made (as a result of your counsel) during a difficult and challenging time. I have appreciated the regular phone calls and timely communications from you, it has been a privilege to work with you and I am happy with the outcome you have worked to achieve for me. As you are aware, what happened