Houston Real Estate and Business Law Firm

Shareholder Disputes

Shareholder Disputes Lawyer Serving Houston, Texas

Shareholder disagreements may bring a company's operations to a standstill or ruin its image. The majority of shareholder disagreements occur in businesses with a limited number of owners, all of whom play an essential role in the company's operations. When conflicts emerge, they must be handled quickly by a Houston shareholder disputes lawyer with a proven track record of success.

One or more of the owners grows upset with the others, frequently over decisions about how the company's money is spent or taken out. Shareholders may dispute whether the company should be sold and how ownership should change as duties shift and the company expands.

Disputes between shareholders and corporate members can emerge, requiring the assistance of experienced legal counsel to resolve. Under the legislation, limited liability company shareholders and members are given certain rights. If shareholders' rights aren't honored, those owners may ‌sue for damages or other charges to the company.

What is a Shareholder Dispute?

Shareholder disputes may arise from disagreements between shareholders or between shareholders and the company's owners. Shareholder disagreements can take a variety of shapes. Whether shareholders are dissatisfied with the company's management style or decision-making, or there has been a case of fraud or criminal behavior, shareholder conflicts can be complex.

Minority shareholders are frequently subjected to unfair, dishonest, or otherwise adverse treatment in shareholder disputes. It is most frequent in firms that are not publicly listed, leaving mistreated shareholders with no way out because they do not have the choice to sell their shares and leave the company.

Shareholder mistreatment or abusive behavior of any form might lead to shareholder conflicts. Under Texas law, a minority shareholder has a fiduciary obligation owed by majority shareholders. You also have the right to attend corporate meetings, vote on the shares, get dividends and inspect and examine the company's books. 

Majority stockholders can be held liable and forced to act in the best interests of minority shareholders under Texas law. It can be done by various legal steps, such as requesting the appointment of a receiver from the court. When a receiver controls a corporation, the receiver must be an independent body that treats all parties fairly.

How Do Shareholder Disputes Emerge?

When shareholders participate in the company's decision-making process, there's a higher likelihood of a dispute between partners and shareholders. In the worst-case situation, this might result in a stalemate.

Attempts to address matters outside of court may fail, putting the company at risk. As a result, the company may pursue litigation for partnership and shareholder conflicts with the assistance of an experienced shareholder disputes lawyer.

What Are the Common Shareholder Disputes?

Shareholder disputes are not limited to a single sector or kind of business. Shareholder and partnership conflicts can occur in various ways, but it is critical to address them as quickly as possible to avoid any potential damage to the firm.

Time spent away from work on corporate matters can negatively affect both the organization and its partners. Several types of conflicts might arise, including those affecting contracts, clients, or any other vital aspects of the organization.

The following are some of the most typical shareholder and partnership conflicts that a company may face:

Management Deadlocks

When a company's management cannot make choices without resorting to litigation to break the impasse.

Buy-Sell Agreements

When the company's assets are being sold or when it is time to buy new assets. It is one of the most prevalent scenarios in which partners and shareholders argue over the next steps.

Breach of Contract

To settle a contractual violation, a shareholder disputes lawyer may need to get further involved in shareholder and partnership litigation. One party may claim that the other has violated the contract, while the other party may claim that no breach occurred or that the first party was the one who broke it.

Succession Planning

A firm's future may raise a lot of intricate and complex considerations, and succession planning difficulties are more likely to arise in family-owned enterprises, but they can influence any organization.

Corporate Regulation Violations

If partners or shareholders violate business bylaws, the concerns may need to be resolved through litigation with the help of a professional shareholder disputes lawyer.

Executive Compensation,

One of the most prevalent causes of conflict between owners and partners, is remuneration for key management personnel.

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Complex transactions require experienced legal counsel. Our Houston real estate and business attorneys can help you with your real estate law, business law, and condemnation law concerns. We serve individuals and families in Houston, Texas.
AVOID LEGAL HAZARDS!

What Are the Shareholder Rights Under the Law?

In Houston and the state of Texas, a corporation's shareholders have individual legal rights. Corporations' boards of directors must provide specific information to shareholders and maintain financial accountability. Shareholders have the following rights:

Examine the Corporation's Books and Records.

All shareholders who have owned stock in the corporation for at least six months or who possess 50% or more of the existing shares must be provided with the following information:

  • The basic accounting records.
  • The minutes of all meetings of shareholders, directors, or official committees.
  • The current list of the names and addresses of all shareholders.
  • Any other records the corporation is required by law to keep.

Attend Annual Shareholder Meetings

A shareholder can demand an annual shareholder meeting. When the majority of the shareholders are also members of the company's governing body, which oversees everyday operations, this is typically neglected. On the other hand, any shareholder can seek an annual meeting in writing.

Insist That the Corporation Register Shares in the Shareholder's Name

Each shareholder's share of the corporation should be issued and registered. This guarantees that the shareholder has legal proof of ownership to assert their rights in court.

Receive the Shareholder's Rightful Share of the Profits

Dividends must be distributed to shareholders in proportion to their ownership stake. When there are distinct classes of stock, such as preferred stock and ordinary stock, the sole exception is when there are different classes of stock.

Force the Distribution of Dividends

Sometimes, the board of directors or the governing body determines that the company shouldn't distribute earnings. A shareholder has the right to file a lawsuit with the help of a skilled shareholder disputes lawyer to demand the payment of dividends if the decision is made in bad faith or as an intentional attempt to withhold earnings.

Participate in Corporate Expansion Through Ownership of Shares

Shareholders have the right to participate in a successful corporation's development and take advantage of new prospects.

File a Lawsuit Against the Corporation for Violation of Shareholder Rights

A shareholder has the right to sue the corporation with the help of a seasoned shareholder disputes lawyer if any of the rights listed above are infringed.

How Can Our Skilled Shareholder Disputes Lawyer Help You?

Legal counsel may represent the company and the shareholders during a shareholder dispute. Hiring your legal counsel is the greatest way to safeguard your interests.

Shareholder disputes are, by definition, challenging to resolve. Many people are engaged, and the company's survival may be in jeopardy. 

Finding  experienced shareholder disputes lawyer will be able to assess the best line of action. Resolving shareholder disputes successfully entails securing compensation for harmed parties or reaching an agreeable resolution and protecting the firm or assets owned by shareholders.

In partnership and shareholder disputes, including minority shareholder oppression claims, the GK Law defends partners and shareholders as plaintiffs and defendants in Houston, Texas.

While shareholder disagreements may be addressed via good-faith talks or mediation, other issues are so intractable that only arbitration or litigation can bring them to a conclusion. Our shareholder disputes lawyer is a seasoned litigator who is ready to move from good faith negotiations to aggressive litigation.

Explore Your Options

When there is a disagreement among shareholders, several legal remedies are available to remedy the situation. While taking the issue to trial may be helpful, it is frequently costly and can harm the company's finances and public image, and shareholder relationships.

As a result, our first choice is usually to pursue alternative conflict resolution before going to court. Direct bargaining is always the most excellent option due to its cost-saving benefit and efficacy.

Furthermore, mediation and arbitration can resolve the dispute to the satisfaction of both parties. Business litigation may be necessary if both parties are reluctant to compromise. GK Law's experienced shareholder disputes lawyer has the knowledge and resources to pursue any of these possibilities.

DO YOU HAVE LEGAL CONCERNS?

Complex transactions require experienced legal counsel. Our Houston real estate and business attorneys can help you with your real estate law, business law, and condemnation law concerns. We serve individuals and families in Houston, Texas.
AVOID LEGAL HAZARDS!

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