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My company is involved in a dispute with a shareholder

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.

 

Frequently Asked Questions

What should I do if I am concerned about minority shareholder action?

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.

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What should I do if I think a member of the board is in breach of their director’s duties?

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.

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What to do if I am concerned upcoming general meeting?

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.

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What to do if I am concerned about director’s personal insolvency?

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.

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I think a director/partner/member might leave the organisation, what should I do?

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.

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I am concerned about my duties and responsibilities as a director, what should I do?

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.

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What to do if I am concerned about personal guarantee?

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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OUR Commercial & Civil Litigation TEAM

Alex McCready

Partner - Head of Reputation and Privacy Alex McCready Vardags Partner Head of Reputation & Privaacy
“Alex is the definitive reputation and privacy lawyer.” 
Spears 500

Gregory Monk

Senior Associate Gregory Monk Vardags Senior Associate Reputation & Privacy
“I would 100% recommend Vardags to a friend or colleague.” 
Client

Frank Ryan

Civil Litigation Consultant Frank Ryan Vardags Civil Litigation Consultant
“Frank Ryan is a lawyer who thinks out of the box and delivers results, time and again, often with devastating effect. I would always want him on and by my side.” 
Toni Hilton, Dean of the Glasgow School for Business and Society

Is Vardags Right For You?

We offer a free consultation to qualifying individuals. Please call our confidential enquiry line on 020 7404 9390. Lines are staffed 24 hours.

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. 

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