With the Pre-Action Protocol for debt claims coming into force soon, Ramjeet Authi, Senior Associate, outlines what you need to know.
Governance disputes involving board members, shareholders or supporters can arise in all manner of situations and have the potential to severely damage any kind of organisation.
In the worst cases, internal-governance disputes can pose a greater threat to your business than external issues. Sometimes these things can start with legitimate differences of view, when board members disagree about the management of the organisation, the direction of the business or where members feel their rights are not being respected.
In some instances disagreements can arise due to personalities, conflicts of interest or inappropriate conduct, such as: allegations of bullying or a misunderstanding of the various rights and obligations. Sometimes it is simply an issue of communication. The complexity of legal issues that can arise can make dealing with boardroom governance disputes difficult. Each position must be considered and dealt with in compliance with the organisation’s constitution, its internal policies and procedures, and the general law.
You need to have the right policies and procedures in place to assist in dealing with a governance dispute - should one arise. Resolving governance disputes, when they do happen, can be a complicated and delicate process. Failure to comply with all the requirements could cause the dispute to escalate and pose a risk to the reputation of the organisation or, indeed, result in litigation in the courts.
Our governance disputes service
At Anthony Collins Solicitors our specialist governance disputes team has supported leading charities, co-operatives and mutuals, social enterprises and commercial organisations through the process. We can advise and support organisations in relation to governance disputes, including:
- Reputation and crisis management, including bringing and defending defamation claims;
- Managing splits within the board;
- Dealing with board-member misconduct, including removing a director from the board;
- Terminating an executive director’s employment;
- Drafting, reviewing and updating policies and procedures;
- Breach of shareholder agreements;
- Minority shareholders protection;
- Disputes over directors’ remuneration;
- Breach of an organisation’s constitution; and
- Fraudulent or wrongful trading.
Chances are, if a governance dispute comes up, we’ve probably been through the process. We can offer a clear and balanced external perspective, navigate you through the maze and come out the other side. Our advice is practical, clear and we will work with you to guide you through every step of the legal process. Our experienced teams have extensive sector knowledge and experience to work with you through periods of uncertainty, change and difficulty.
If you would like further information about governance disputes or how our experienced law team can help you, please get in touch.
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