Whatever the cause, a shareholder dispute can be extremely damaging, and a costly distraction that your company can do without, so the quicker shareholder disputes are resolved, the better for the business and those involved.
The problem with such a dispute is that the business’s focus invariably shifts away from day-to-day operations and instead onto the conflict, much to the benefit of the company’s competitors. Our solicitors have considerable expertise in a range of shareholder disputes across various industries and will help to prevent a dispute from further impacting your business.
Unfortunately, shareholder disputes happen for all kinds of reasons. Our solicitors in Essex can assist with matters including:
- Claims of unfair prejudice
- Derivative actions
- Restructuring disputes
- Removing shareholders
- Exit and retirement
- Poor performance
- Company dissolution and insolvency disputes
- Service contract disputes
- Breach of shareholder duties
- Breach of shareholder agreements
We understand that each shareholder dispute is different, and for this reason, we will ensure that we know your situation in-depth so our advice can be tailored specifically to assist.
Our specialist team of shareholder disputes solicitors have acted in several leading cases at the High Court and are proud to recognise that our experience sets us apart from other firms. Whether you are experiencing a simple shareholder dispute or one that you would consider more complex, specialist advice and support is necessary, and our solicitors are experts on hand to help no matter your circumstances.
“We understand the effects that such disputes can have on a company and will use our specialist expertise to resolve the dispute quickly and effectively.” – Justin Emerson, Solicitor
Consult our shareholder disputes solicitors in Essex now
For swift, expert advice on resolving a wide range of shareholder disputes, please contact your local Gepp Solicitors office in Chelmsford or Colchester.
Have a quick question or want to request a call back? Use our simple online enquiry form.
How our shareholder disputes lawyers can help you
It is possible to attempt to resolve disputes between yourselves or with the assistance of your solicitor.
During negotiation, it’s important to remain calm and not let matters become heated between you and the other involved parties. Our solicitors can assist in presenting your argument and desired outcome in a calm and reasonable manner in an attempt to seek a resolution that suits all parties involved.
Court proceedings are not always necessary as matters can be resolved by other less contentious means, such as the ADR method of mediation. Mediation has many benefits over court litigation. It has the potential to reduce conflict and is more cost-effective and quicker, which is important for businesses, particularly in concern with maintaining their reputation and having matters quickly resolved so they can once again focus on the business’s success.
During mediation, both parties will work with a trained mediator who will act as a neutral third party. The mediator will listen to both parties, their concerns and desired outcomes and will provide advice and guidance to help achieve a mutually acceptable outcome.
Arbitration is similar to resolving matters through mediation; however, it is a legally binding alternative dispute resolution method. The process will involve an arbitrator, the involved parties, and their solicitors. Each party will set out their argument and supporting evidence, and the arbitrator will make a legally binding decision based on these.
Our shareholder disputes solicitors will assist with putting together a robust argument and ensure all evidence is included so you can have the best chance of success.
In certain situations, alternative dispute resolution is not always the most appropriate option, or you may have attempted to find a solution without success.
Where court litigation is necessary, our solicitors will assist with preparing a strong argument and supporting evidence to provide the best chance of success to suit your desires.
Answering your questions about shareholder disputes
What is a shareholder dispute?
In simple terms, a shareholder dispute is a disagreement between a business’s shareholders. The disagreement can be over a range of matters, most usually in reference to how the business is operated or to do with financial matters.
What can you do when shareholders disagree?
It’s undoubtable that disagreements will occur between shareholders, and for this reason, shareholder agreements are often created. Where a dispute does happen, it’s important to first check the agreement in place, which will include a number of different things, including:
How decisions about the business will be made
- How any dispute will be resolved
- The shareholders’ right to information
- How shares will be distributed and sold
- Any restrictions on shareholders
Most well-written shareholder agreements will set out how any disputes between shareholders will be resolved. Having this in place is there to prevent conflict from escalating.
Understandably there may not be a shareholder agreement in place, which can, unfortunately, make matters more complicated and is when it’s important to seek a specialist shareholder dispute solicitor to determine the next step, such as approaching an alternative dispute resolution method.
What rights do shareholders have?
There are typical rights that shareholders have in concern to a business, and these are most often:
- To receive dividends
- To make decisions on director appointment
- To take legal action concerning the business
- To attend meetings and have the right to vote
Most rights are set out under a shareholder agreement.
Our shareholder dispute resolution fees
Fixed fee property dispute resolution advice
We offer an initial hour meeting for £150 + VAT.
After the initial meeting, many of our services can be charged on a fixed fee basis depending on the level of expertise required.
Hourly rates for property dispute resolution
Where matters are more complex and require ongoing support and a higher level of expertise, we will charge on an hourly rate depending on the solicitor’s expertise.
For more information about our shareholder disputes services and to find out more about what we can offer you, please feel free to get in touch.
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