Shareholder / Partnership Disputes

Are you looking for an attorney that can help you with a shareholder or partnership dispute in your company? Look no further than Carcich O’Shea, LLC because we are a team of attorneys who specialize in this area. We are fluent in the details of New Jersey law and will definitely help you to build a strong case.

Understanding Shareholder And Partnership Disputes

Disputes between shareholders and partners is more common than you would expect and can be detrimental to a company’s success especially when involving financial and succession matters. Oftentimes, they are unnecessary but not resolving them internally leads to large cases that might be blown out of proportion. The most common cause of such disputes is the breach of the shareholder agreement. These breaches can include the case in which a shareholder sells their shares while violating the agreement, or even terminating the agreement despite the unwillingness to do so of the other shareholders.

Simply put, these disputes are disagreements between shareholders and partners about the business operations of their company. Since they have financial stakes in the company, chances are that tensions would be higher than that of a normal business dispute.

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Why Should You Hire Attorneys For Shareholder And Partnership Disputes?

It is important that you hire an attorney that can help you with these disputes because they can help you find effective methods to reach your business goals. An attorney would be able to give advice so that your best interests and legal rights are protected. Attorneys can also give you a large range of options that you can choose from to resolve the issue easily.

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Common FAQs About Shareholder / Partnership Disputes

What are some of the most common examples of shareholder and partnership disputes?

Disputes between shareholders and partners can be caused by a large number of reasons but in most cases, they arise from the following situations: There has been a breach of director’s fiduciary duties, a breach in the company’s management, unhappiness from the current dividend policies, the disparity of salaries in the company, conflict of interest, or even the failure to show financial statements.

What are my rights if I disagree with other shareholders or partners in my company?

This would usually depend on the terms stated in the shareholders agreement and the constitution of the company.

What should I do in the capacity as a director if I feel that my board is acting inappropriately?

Although it cannot be denied that immediate action has to be taken, the type of action that should be taken is largely dependent on the specific circumstances. Your attorney would be able to advise you on the next best course of action.

How can I enforce my rights as a partner or shareholder?

Your attorney would be able to advise you on many available options. This includes proposing a reasonable resolution at a general meeting, or even to ask the board to mitigate the problem that is caused by a particular shareholder.

What are the fiduciary duties of a director?

Apart from acting on the duties that are stipulated in the employment contract and the constitution, the most common of duties is to act in good faith and interest of the company.

Shareholder / Partnership Disputes