Shareholder / Partnership disputes occur for a variety of reasons (generally, corporations have “shareholders” and LLCs have “members.”) Shareholder disputes create stress, anxiety and uncertainty for everyone involved. More important – Shareholder disputes can be devastating (if not terminal) to the business. There are countless legal issues at play and all parties must ensure that the day-to-day running of the business is not ignored. And, as with any dispute, compromise is the essential goal as non-consensual alternatives are not attractive.
The most important course is for both of the parties and the Company to seek legal advice as soon as possible. The road map to peaceful resolution may be found in the company’s governing documents, for example: a Corporation’s bylaws or shareholder agreement; an LLC’s operating agreement, and/or a Buy Sell Agreement between the shareholder and/or members.
Shareholder disputes often arise in the following situations:
- A shareholder’s desire to terminate the shareholder relationship
- A disagreement with actions taken by the majority shareholders or controlling member
- A claim by a minority shareholder that the actions of controlling shareholders are either fraudulent, illegal or oppressive
- Breach contract
- Breach of fiduciary duty
- Misappropriation or theft of assets
- Fraudulent transactions
- Diversion of assets
- Shareholder Bankruptcy
- Divorce of a Member
Whatever the cause of the dispute, LaszloLaw has the experience and perspective necessary to facilitate resolution of even the most contentious matters. We have dealt with these issues in the boardroom and the courtroom. Contact our Boulder civil litigation attorneys today to assist with your individual and business needs. Having more than 45 years in civil litigation and business and commercial law experience, our Boulder civil litigation attorneys stand ready to provide you and your business with the representation you need.