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Shareholder Disputes

Conflicts among shareholders can exert immense pressure on the involved parties and potentially wreak havoc on the company’s stability.

Overview

If you find yourself embroiled in such a dispute, our adept dispute resolution team is well-versed in representing both minority and majority shareholders, as well as companies, in these types of disagreements.

Shareholder disagreements can surface under various scenarios, such as when a minority shareholder feels sidelined from the company’s management; a faction of shareholders behaves detrimentally towards the interests of their peers; a shareholder who is also a director engages in fraudulent activities or violates their obligations to the company; or when shareholders have conflicting visions for the company’s future trajectory.

We merge our legal acumen and strategic prowess to counsel our clients about their rights, aiming to achieve their business goals swiftly and economically. Our broad experience equips us to adeptly manoeuvre through the intricate intricacies of shareholder disputes, securing exceptional outcomes for our clients.

Our strategic proficiency allows us to guide on the timing and methods of litigation, and the suitability of alternative dispute resolution mechanisms, such as arbitration, mediation, and round table settlement discussions. We understand that our commercial clients are wary of the financial and reputational implications of engaging in a dispute. Therefore, we offer advice on cost management and explore different litigation funding alternatives with our clients.

We represent shareholders and members across a diverse spectrum of disagreements, encompassing the subsequent domains:

  • Shareholder claims/disputes
  • Unfair prejudice petitions
  • Winding up orders
  • Injunctions
  • Breaches of shareholder and/or investment agreements
  • Breaches of director’s duties
  • Company disputes leading to insolvency
  • Representing shareholders to enforce their rights to purchase or sell shares under sale and purchase agreements
  • Fraud related disputes against directors or shareholders

When shareholders in a company are sufficiently distressed to pursue legal remedies against the majority, it’s evident that they no longer desire to maintain ties with the other shareholders. This is especially true when the legal remedies sought are likely to involve either the purchase of the dissenting minority’s shares or the dissolution of the company. Under such conditions, it becomes crucial to scrutinize the company’s operations and secure an unbiased valuation of the disputed shareholding, or for the minority to obtain a thorough evaluation of any valuation presented to them.