It is not uncommon for partners, directors and shareholders to disagree during the course of business, though on certain occasions disagreements can turn into substantial disputes costing you and the business considerable time and money if not dealt with in an efficient manner.
Where this is the case, it is important to understand your company and directors’ roles, duties and obligations. Equally important is the ability to limit any damage potential litigation could cause to your business.
Vardags are highly experienced in dealing with all matters relating to company, partnership and LLP disputes and can act for both companies and directors/shareholders individually. Vardags offer strategic and geared advice to ensure the best and most suitable outcome for you and your business. We understand that your time is precious and will take all reasonable steps to ensure that your management time in dealing with your matter is used in the most efficient and effective way.
The Companies Acts of 1985 and 2006 provide shareholders with specific rights. Your company’s articles of association and/or a shareholders’ agreement may confer additional rights to shareholders. It is important that the company understands their shareholders’ rights particularly when shareholder action is threatened. Shareholder actions can take the form of unfair prejudice petitions, derivative actions and winding up petitions.
All directors owe their company duties under the Companies Act 2006. These include, but are not limited to, the duty to exercise reasonable care, skill and diligence and promote the success of the company.
Both shareholders and directors have the ability to call a general meeting providing the requisite steps have been taken in accordance with the Companies Act and the company’s articles. In anticipation of a general meeting, those calling the meeting may circulate proposed resolutions, which can include resolutions for the removal of directors.
A person may not operate as a director whilst they are subject to a bankruptcy order without the court’s permission. Losing a key member of the board can have significant consequences for the company and its future.
It can be daunting when a senior employee leaves an organisation, not only because of the loss to the business but the potential confidential information they hold by virtue of their seniority.Vardags can advise on all aspects of director/partner exits from their post termination restrictions, breach of confidentiality to their rights and continuing obligations under any partnership/shareholder agreement.
All directors owe their company duties under the Companies Act 2006. These include, but are not limited to, the duty to exercise reasonable care, skill and diligence and promote the success of the company.If your company or board are taking action against you for breach of your fiduciary duties, you will need fast and pragmatic advice. Vardags can assist you either in an advisory capacity or in any proceedings under the Director Disqualification Act.
In specific circumstances, directors may be required to provide personal guarantees when a company borrows money. A director’s personal guarantee creates a secondary obligation to support the primary loan. This means that if the company defaults in any way, the lender may call on the personal guarantor to fulfil the borrower’s obligations (usually payment obligations).
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When you contact us a member of our client relations team will take the full details of your situation, assess whether we can assist you, and if so, determine the best team for your case.
Vardags is one of the UK’s leading divorce law firms. We specialise in complex, high net worth and international cases. The Legal 500 has said of Vardags: “The team is noted for its sheer intellect”
Vardags is among the leading family law firms in the UK. Our solicitors specialise in complex cases for high net worth individuals, including international child relocation, child abduction, and prenuptial agreements. The Legal 500 has said that "clients feel in totally safe hands" with Vardags' Children & Family lawyers.
Our reputation and privacy team, headed by top media lawyer Alex McCready, works in and out of the public eye on cases involving defamation, privacy and reputation management. We provide expert advice and representation across the full range of reputation and privacy related matters, including crisis management, emergency injunctions and actions against online and new media.
Our criminal defence team is led by top criminal defence lawyer Rob Conway. Vardags is a successful and rapidly-growing law firm with an outstanding reputation for winning cases.
Vardags is a top property law firm with expertise in complex and high-value cases. We pride ourselves on our discrete and thorough approach and premium client experience. Our team is led by the highly respected and renowned property lawyer James Bunker.
Vardags is a top law firm with a trailblazing fertility and surrogacy department. We have had success with some of the most groundbreaking cases of the last decade in the High Court, Court of Appeal, and Supreme Court, with rulings that have changed the law. Vardags remains at the cutting edge of fertility law, pushing for further improvement of the outdated legislation in place in Britain.
Vardags’ civil litigation team is renowned for its nous and its consistent ability to deliver results.
Vardags is a top professional negligence law firm with expertise in complex and substantial claims. You may have seen our name in the press as our clients are often very high profile. Equally we settle many claims entirely out of the public eye. Our team is led by top professional negligence lawyer, Frank Ryan, who has over 30 years of experience across a range of professional negligence cases.
Vardags' wills and trusts team has the specific expertise to cater to the wills and trusts needs of high-net-worth and high-profile individuals. Richard Todd QC, Leading Counsel for Yasmin Prest said of Vardags: “a note to acknowledge your firm’s pivotal role in achieving such an outstanding result in the recent Supreme Court case of Petrodel v Prest”.