Director and Shareholder Disputes

Disputes between directors and/or shareholders arise for a variety of reasons. There may be a breakdown of relationships between directors, disagreements concerning the proposed direction of the company, difference in profit-sharing models envisaged by different shareholders, and/or concerns about the conduct of one or more directors. More often than not these disputes start small but evolve into a complex and stressful situation.

From the outset, we can assist you to identify the most appropriate solution for your business to achieve a swift resolution, based on the main purpose (e.g. salvaging the business, a majority buy-out, attracting new investor(s) and the like) which you can share with us in strict confidence.

We can advise you on:

  • Directors acting in alleged breach of their duties
  • Derivative actions
  • Unfairly prejudicial conduct against a minority shareholder
  • The procedures for the transfer and valuation of shares
  • The (wrongful) removal of a director

Likewise, disputes between partners and members of LLPs are often highly charged. We regularly advise both remaining and departing partners and members in professional partnerships and LLPs including accountants, surveyors and solicitors.

Disputes often also arise from the question of the rights and liabilities of the parties following a partner’s or member’s retirement, expulsion from the partnership or LLP or the dissolution or winding-up of the business. We urge alternative dispute resolution as a tool to achieve sensible and cost effective solutions as early as possible. Mediation has the added benefit of being a confidential process. However, if court action is needed, we take swift and decisive action.

We also work with specialists in our corporate team both at Incisive Law and at Ince & Co to draft, update and revise existing partnership agreements and/or settlement agreements ensuring a complete service to clients in relation to drafting agreements and partnership law.

For more information, please contact Edgar Chin, Felicia Tan or Moses Lin.