Key to your Shareholder and Partnership Disputes

Are you among those who have started a business with family and friends? Are you happy with the increasing turnover from the onset? But, what if this partnership leads to some serious conflicts or prejudice in the future? In order to avoid such unfortunate situations, the Robert Doran, Litigation Counsel is there to assist you with an expert litigation service through Shareholder and Partnership agreement.

What actually is Shareholder and Partnership agreement?
Shareholder and Partnership agreement is a must-have to avoid heated business litigation and ensure smooth functioning of an organization and partnership. It is a confidential written agreement amongst the shareholders or the owners of the company. In short, this "pre-nuptial" agreement is a soul and life of any business partnership.

What It Offers

• A controlled structure that clearly defines the protected rights and responsibilities with obligations
• Regulations clarifying how an individual can join the company as a shareholder
• Lay down the procedure of buying and selling shares
• Stake of each partner in case of profit or loss
• Lays out the decision to new shares issued by the company
• Stipulations in case of health issues

What are the Shareholder and Partnership Disputes?
A heated conversation between the co-owners of the company that can lead to serious loss to business and personal relation

Reasons for such disputes:

• Hiring of Staff
• Misuse of company assets
• Conflict of interest
• Misuse of partnership assets
• Breach of fiduciary duty
• Valuation of shares
• Unfair ownership share of the partnership
• Inability of the partners to cooperate
• Misappropriation of funds
• Buy out or purchase of shares
• Oppression by majority shareholders
• Financial benefit to a shareholder to the detriment of other shareholders

In addition to these shareholder disputes, there are certain other factors which you can face in a partnership business.

How to resolve such disputes?

Simply, just by constructively employing the right approach, these partnership disputes can easily be fixed. Mediations, negotiations are some of the other strategic methods. But, if still the issue is not resolved considering a legal representation is must.

In case, when provision of contract is not honored, then breach of contract litigation is essential.

The three elements of breach that a plaintiff must prove

First Element of a Breach of Contract: According to this breach element, at the breaching of the lawsuit, the subsequent elements are to be there:

• Contract
• One who is obligation under contract
• Reason, why the plaintiff didn't perform
• Defendant's Breach
• Plaintiff's damage arising from breach of contract

Second element of a breach of contract lawsuit: According to this breach element, you cannot sue the other party for breach of contract till the time you haven't executed your duties stated in the contract.

Third element of a breach of contract lawsuit: According to this breach element, both the parties are obligatory to follow the terms and conditions of the contract timely. Any deviation from the terms of contract will leads to its breach.

In order to avail the benefit of this breach you can get assistance from one of the best form for consultation the Robert Doran, Litigation Counsel having expertise in Shareholder and Partnership Disputes. 

Ensure Your Rights as a Business Owner

Are you facing problems with the Directors of a company? Are you feeling that as a shareholder you are given an unfair treatment? Or, are your shareholders treating you with an unfair prejudice? Let it be anything, Robert Doran, Litigation Counsel offers an expert litigation service in case of partnership disputes or shareholder disputes.

Shareholder and Partnership disputes

Most of the disputes that happen between the co-owners of a company are due to the lack of trust between them. These disputes depend upon the nature of the business and the role of each shareholder involved. 

There are many reasons for the disputes between Business Owners, Directors and Business partners ranging from disagreements over who is the centre of power to strained personal relation between them. Disputes are 

common when the company assets and funds are misappropriated or someone feels that the valuation of shares has been manipulated. Conflict of interest as well as the inability of the partners to cooperate also causes these disputes.

How to Resolve These Disputes?

Not all of these disputes end up in the court. Some of these can be sorted out quickly and constructively by employing the right kind of approach. Negotiations, mediations or alternative dispute resolution can be some of those tactical methods. But, legal representation may be required when such steps to resolve such disputes fail. 

It is possible to obtain various court orders and remedies by starting a business ownership lawsuit. Some remedies for shareholder and partnership conflicts are given below:

• Monetary Damages
• Buy out (or sale) of business ownership among co-owners
• Control of the business
• Sale of assets
• Appointment of a receiver
• Entity dissolution
• Tracing of assets
• Order for the direction or management of the business

Whom to Consult?

If you are a person who is caught in a business dispute with the shareholders of your company or with partners, and you can’t settle these disagreements through simple negotiations, you should not delay in seeking a legal counsel from a company dispute lawyer. Certain transactions and steps your business co-owner take may become irreversible if you wait for longer. 

One of the best firms for consultation in the British Columbia is Robert Doran, Litigation Counsel. Robert Doran has an experience of over 30 years in providing litigation over shareholder and partnership disputes. He has a litigation expertise to represent you whether you are a shareholder or you are in a partnership entity, at all stages of a dispute, at trial, appeals court, and arbitration.