Our solicitors have the expertise to assist you in resolving corporate disputes – explaining the options and advising on methods of resolution that help protect both your personal and commercial interests.
With extensive experience in dispute resolution, mediation and Court litigation, we will be able to guide you through the process of achieving a solution which is both effective and practical for your business.
For a no obligation quote please contact Dispute Resolution solicitor Laura Colebrook on e: l.colebrook@thpsolicitors.co.uk or call T: 0118 975 6622.
No, shareholders and directors are two separate categories of individual with interests in the ownership of a limited company (shareholders) and/or the management of a limited company (directors).
Unfortunately, not all businesses have detailed articles or shareholders’ agreements setting out a clear process for resolving disputes. Our dispute resolution solicitors know the best methods of resolving shareholder disputes, whilst allowing the company to continue as a going concern, including:
Company directors accused of breaching their obligations or failing in their responsibilities may face disqualification for up to 15 years, meaning they cannot start, market or run a company or be a director of any company with UK interests. Breaching the disqualification terms could also result in a fine or imprisonment.
If you need help regarding director disqualification, we are experienced in this complex area of law and can provide advice and assistance on the disqualification process.
Shareholders who believe they have been treated unfairly can apply to the Court under s.994 of the Companies Act 2006. The Court may order a buyout of shares, changes to governance, or other remedies.
Depending on the circumstances, the Court may order a company to buy back shares, vary shareholder rights, grant compensation or injunctions, or regulate the company’s affairs to ensure fair treatment.
A director may be removed by way of a shareholders resolution passed at a general meeting of shareholders convened upon special notice being given to the director. The resolution passed need only be an ordinary resolution, requiring the approval of more than 50% of the shareholders present, either in person or by proxy, at the shareholders meeting.
There is no need for all shareholders to physically appear at the meeting, provided some are attending, as another shareholder can act as their proxy.
If minority shareholders cannot remove directors in this way they may alternatively have to seek the court’s assistance.
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