The share ledger
Most shareholder disputes arise from a share ledger that was not kept properly. Up-to-date records are frequently the only available means of proof once a dispute arises.
Commercial and Corporate Law
Every step a company takes, from incorporation to liquidation, has a legal counterpart.
Overview
In commercial life, speed usually comes before legal care. Work begins before the contract is signed, shareholdings are created before the transfer is properly recorded, and resolutions are passed without observing the required formalities. The cost of these omissions tends to surface years later, in a dispute file.
The firm's approach is to identify those risks in advance, both when a company's legal structure is created and while it operates. In an ongoing advisory relationship the aim is not that separate advice is sought for every transaction, but that a legal perspective which understands the business is built into its processes from the outset.
Scope
Points to Note
The points that most affect the outcome in this area, and are most often overlooked.
Most shareholder disputes arise from a share ledger that was not kept properly. Up-to-date records are frequently the only available means of proof once a dispute arises.
The competent court, the governing law and any arbitration clause are at least as decisive as the commercial terms. They are nonetheless often drafted at the last moment and without much thought.
Resolutions passed without a properly issued notice may be annulled. Compliance with formal requirements matters as much as the substance of the decision.
Other practice areas
You may request an initial meeting by telephone or email, and bring the relevant documents with you.