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Shareholder Disputes

Shareholder Agreements by Brisbane's Expert Lawyers

Most companies, whether a small family company or giant organisation such as Telstra, have shareholders. Particularly in smaller companies, disputes between the shareholders are not uncommon.

In a small company, particularly a trading company, we would advise that a shareholders agreement be prepared. If there is a dispute, the relevant provisions of the agreement can be applied.

However, things are more complicated if there is no such agreement. It is necessary then to fall back on the labyrinthine provisions of the Corporations Act, and we can assist you in this situation.

There are a number of ways in which a dispute between shareholders can be resolved, such as one shareholder selling his shares to the remaining shareholders, or litigation which could ultimately result in the court finding that is “just and equitable” for the company to be wound up. Such litigation can be complicated.

Regardless of the position in which you find yourself, we can help you to negotiate a settlement, or act for you if you need to bring or defend court proceedings. Once an agreement had been reached, it will be necessary to have this reduced to writing, so that all parties know exactly what they have agreed to and what, if any, continuing obligations they have to each other and the company.

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