No shareholder wants conflicts. Let alone costly procedures. That is why you do wise making clear agreements in advance and calling in a specialist in time to solve an impending or existing dispute or to at least lead it in the right direction.
At the start of a cooperation, trust between business partners is often high. But not every issue that arises along the way can be resolved in good consultation. Disputes cost a lot of negative energy, time and money. Relations become unworkable and the continuity of the business can be jeopardised. Think of a difference of opinion about the course of the company, a shareholder who blocks a necessary financing or a shareholder who does not keep to agreements made. Timely action is often crucial in these kinds of situations.
Because prevention is better than cure, we draft and/or negotiate clear shareholder agreements for our clients, taking into account their specific position as shareholders. Shareholder agreements contain agreements on, for example, financing of the company, rules on transfer of shares, exits, governance, payment of dividend, information rights for shareholders and non-competition clauses.
In conflict situations, we help clients to enforce their rights, resolve disputes and restore relationships. For example, by ensuring that a shareholder is bought out or by forcing them to sell their shares. If necessary, we assist clients in going to the Enterprise Chamber in the Amsterdam Court of Appeal or the ordinary courts, but if possible we arrange a favourable settlement out of court.