The commercial barristers at Mercantile Barristers can advise on all forms of shareholder dispute resolution and agreements arising out of all business transactions, from investment to Joint Ventures (“JVs”) and from start-ups to mergers. Due to the likelihood of disagreements, it is prudent not to leave matters to chance and you should therefore contact our shareholder dispute solicitors.
Our approach to legal practice is always to articulate creative and value-adding solutions for clients whilst delivering timely, efficient, and affordable professional services. All clients conduct their affairs within a legal context, and Mercantile Barristers’ role is to advise on the conduct of their transactions and affairs in ways that avoid conflict and disputes.
Whether by adjudication, arbitration, or litigation, Mercantile Barristers members will adopt a firm, swift and decisive approach to achieve the best possible results for clients within the shortest time. We recognise that no two cases are the same, so we will adapt our style to suit the occasion.
Typically, shareholders and partners must have a unanimous agreement to change the agreement.
Shareholder's agreements can be flexible and cover a plethora of matters which are of relevance to your business. No two companies are the same, and it is therefore vital if the agreement is to be of value to have an agreement tailored to meet each company's particular concerns and structure. Our barristers will understand your company’s specific requirements, so your agreement is drafted to suit you.
It is a legally enforceable contract stipulating what will occur if the contract is broken.
Unlike the company’s articles of association, a shareholders’ agreement is a private document, enforceable in the same way as any other contract and therefore is not available to the public via Companies House.
A shareholders’ agreement can be entered between all or a selection of shareholders in a company. Such agreements can regulate the relationship between the shareholders, the management of the company, ownership of the shares and the protection of the shareholders.
Under the Companies Act 2006 under section 994, a shareholder can bring an unfair prejudice petition if they feel one of the below is occurring
This can then escalate and become a matter for the courts if the petition is well founded, which can lead to orders to regulate the conduct of the company’s affairs or authorise civil proceedings in the name or on behalf of the company.
Matters usually dealt with within shareholders’ agreement range from policies on dividends and transfer of shares; disputes between shareholders; protection of minority shareholders; restrictive covenants; rights and liabilities upon a company sale; shareholders’ rights to appoint directors; transfer of shares and share valuation after that; and many more.
A shareholders’ agreement is principally beneficial where the directors and shareholders of a limited company are the same people, as company law assumes that all companies are run by a board of directors who are not necessarily shareholders of the company.