What is a corporate dispute in legal terms? Corporate cases are disputes or other disagreements that arise between a company, as a legal entity, and one or more of its owners (shareholders/participants). The subject of a conflict may be the assets of the company, the payment of dividends, the share capital, or decisions made by a meeting of the founders in the course of business activities.
It should be noted that such a concept as “corporate disputes” came into our lives relatively recently.
In the course of any economic activity a corporate dispute may arise. In most cases, such conflicts are resolved by negotiation with the prior sending of a legally substantiated claim to the address of the company.
Corporate disputes may arise mainly in the following areas:
- improper distribution of shares in the share capital;
- an attempt to take over a company by force (“corporate raiding”);
- the enterprise has become a founder of a new company;
- expulsion of a participant from the group of founders
- violation of voting procedures, failure to notify a participant of a meeting
- adoption of unlawful decisions by the members of the company or the shareholders’ meeting;
- violation of the right of first refusal to acquire a share in the company;
- making transactions with the assets of the company without the approval of the meeting of founders;
- in the issuance of securities.
What is the difference between a corporate lawyer?
Corporate attorney must have a thorough knowledge of the norms of the law “On Business Associations”, the law “On Companies with Limited Liability and Additional Liability”, the Commercial Code and the Code of Economic Procedure of Ukraine. In addition, knowledge of recent court practice plays a decisive role in many disputes.
Given that in the sphere of corporate relations not all legal relations are clearly regulated by law, a lawyer who has provided the decision of other courts in a similar situation will have a significant advantage. Currently, courts making decisions in corporate matters rely more on precedent than on the general provisions of the Companies Act. Accordingly, an experienced corporate lawyer will be able to achieve considerable success during the conduct of your case if he or she can find the relevant jurisprudence of the Supreme Court.
What exactly do we do in the corporate field?
- Advising clients, analysing submitted documents and working out a strategy of legal actions;
- we analyse legislation in the economic sphere, predict the success rate, provide for all variants of situation development;
- we prepare justified claims, explain to the client the risks, give recommendations, conduct negotiations to settle the conflict situation in pre-trial order;
- participate in negotiations, explain to the client all the pros and cons of the situation, provide information on how further litigation may adversely affect the reputation of the client;
- we prepare lawsuits, provide the client with bank account details where the court fee is to be paid, file lawsuits directly with the court;
- in case of any deficiencies in the lawsuit at the stage of initiation of the court case, we eliminate such deficiencies as soon as possible;
- representing the client in court proceedings, filing evidence, conducting expert examinations, filing motions and petitions;
- obtain a court decision and submit the original enforcement document to the client;
- if necessary, we prepare appeals and cassation appeals and represent the client in courts of appeal and cassation
- Helping the client to submit the executive document to the Executive service or a private enforcement officer, carry out the representation in the bodies of the Executive service.
Services of a lawyer in Kiev and Warsaw on a subscription basis:
✔️ Ongoing legal advice in the course of business or entrepreneurial activities.
✔️ Legal review for compliance with the law of the company’s statutory documents and its governing bodies.
✔️ Full legal support of all processes on creation and adjustment of business, support of purchase or sale of the finished enterprise. Drafting the necessary agreements and contracts.
✔️ Drafting of individual charters, resolutions of general meetings of founders, foundation agreements, orders.
✔️ Checking of business and business reputation of counterparties.
✔️ Negotiations, claims work, prospect analysis and situation forecasting.
✔️ Bankruptcy, if necessary, the services of a bankruptcy trustee and liquidator.