Corporate Disputes
Handling of conflicts between partners, officers and investors.
Corporate conflicts may involve resolutions, access to information, distribution of profits and the withdrawal of partners. Addressing them requires identifying the corporate form, the instruments in force and the position of each interested party. Business disagreement does not necessarily amount to a violation of rights; the analysis depends on the powers, duties and circumstances of the decision being contested. The existence of a shareholders' agreement or an arbitration clause may change the way the conflict is conducted.
Legal work covers negotiation, the gathering of evidence and applicable judicial or arbitral measures. In the valuation of a withdrawing partner's interest, the reference date, valuation criteria and the rules applicable to the exit are central points. In disputes over management, it is necessary to examine conflicts of interest, documentation of resolutions and any urgent measures. The continuity of the business and the preservation of relevant information must be weighed alongside individual rights, without anticipating conclusions on liability before the documentary and factual analysis is complete.
Our work
- Conflicts over resolutions and information rights
- Partner withdrawal and valuation of equity interests
- Judicial and arbitral measures on management and participation
Is a withdrawing partner's exit value always the nominal value of the quotas?
No. The valuation depends on the applicable legal and contractual rules, the grounds for withdrawal and the valuation criteria relevant to the case.
Editorial review: