How can a dispute arise?
There are many different reasons why a dispute may arise between directors, shareholders or partners of a business. These include:
- Misconduct – a partner may wrongfully exercise their lawful authority, fail to perform an act they are required to do by law, or even behave rudely or aggressively towards others
- Breach of duty – a fellow partner may act in breach of an existing fiduciary obligation they owe to the business, especially if they are a director
- Collapse of a professional relationship – partners may have a disagreement in, or outside of, the business that results in a complete breakdown of their working relationship
- Lack of involvement – it may become clear that another partner spends most of their time away from the business and shows a lack of interest in promoting its success
Some businesses can refer to a partnership agreement to determine the procedure to follow to resolve the dispute.
However, sometimes it cannot be resolved by a written agreement and the parties involved may need legal intervention.
Choosing the appropriate director dispute solicitors can achieve the result you want.
How specialist director dispute solicitors can help
At Freeman Jones Solicitors, we specialise in areas of partnership relations and disputes including:
- Breach of fiduciary/directors’ duties – these duties are specified in the Companies Act 2006, and include acting only within the powers granted by the company and promoting the company’s success
- Partnership agreements – a written agreement published between members of a partnership which sets out the actions, rights and powers of each partner
- Derivative action (in situations where a director is reluctant to or incapable of rectifying a wrong that has been committed) – these are claims which are brought by one or more shareholders of the company against a director if it is believed they have committed a wrong against the company
- The rights of shareholders and directors – both are separate entities within a company with different rights
If you wish to discuss any of the above matters, then contact us to arrange a free no-obligation consultation with one of our director dispute solicitors.
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