Corporate disputes are the legal disputes between a legal entity and its shareholders (founders, shareholders, or partners) including disputes involving a shareholder withdrawn, and those among the shareholders (founders, shareholders, or partners) of a legal entity related to the creation, business operations, governance and termination of such entity, exercise, and assertion of corporate rights and obligations of company shareholders, except for labour disputes.
Shareholder rights are the rights of a person (founder, shareholder or partner) who has a certain share in the authorised capital of a business entity (legal entity), which include that person’s right to participate in the management of such business entity, receive a certain share of the company’s profits (dividends) or assets in the event of liquidation thereof in accordance with law, as well as other rights provided for in law and constituent documents.
We can help to resolve corporate disputes that include:
- challenging the acts or omissions, or resolutions of legal entity and its bodies by a shareholder including by a withdrawing shareholder
- establishing and recovering the share of the company’s property that is due to a shareholder
- invalidation of the constituent documents in whole or in part or any amendments to them
- assignment of share purchaser’s rights and obligations as a result of a violation of the preemptive right
- disputes between the shareholders and the company in relation to their ownership of the property contributed to a legal entity’s capital
- exclusion of a shareholder’s heir(s) from the company
- appointment, recall, removal, or reinstatement of senior managers or other officers at their offices
- liquidation, reorganisation of a legal entity or revocation of its state registration on the petition of shareholders
- renewal of the share register system
- acquisition of shareholder rights in the process of the company formation
- reimbursement for losses caused by acts or omissions of company’s officers
- establishment of the amount of the authorised capital and amount of shareholding held by each shareholder
- disputes between shareholders, or shareholders and the legal entity in relation to the cancelation of the records in state registers
- disputes arising out of corporate agreements (sale and purchase of a share or shares in the authorised capital, etc.)
- invalidation of the agreements that violate shareholder rights or interests of any shareholder
- reimbursement for the costs and expenses incurred in connection with the auditing of the annual financial statements upon shareholder’s request
- declaration of title to shares or shareholding in a company or right to a unit
- invalidation of any contract that violates shareholders’ rights or interests
- collection of dividends that were declared but not paid out
Our services include:
- our specialist legal advice
- studying court documents
- case law research and analysis
- audit of the cause of action and analysis of the potential litigation outcomes
- development of strategy and alternative solutions
- drafting submissions
- pre-trial dispute settlement
- collection of the evidential base
- interim remedy (asset attachment, injunction, etc.)
- representation in court
- appealing court judgments
- enforcement of court judgments