The Corporate Insolvency and Governance Act 2020 has now received Royal Assent. It applies to most companies as well as Limited Liability Partnerships.
Our specialist governance-disputes team provides advice and support to values-driven businesses on governance disputes involving board members, shareholders or supporters.
Depending on the severity of the dispute, internal governance disputes can be a greater threat to your organisation than external disputes. Governance disputes often begin when there is a difference of view, when board members disagree about the management of the organisation, the direction the organisation is taking, or where members feel their rights are not being respected.
There can be a number of reasons for disagreements to arise, in many instances they can be caused by a clash of personalities, personal differences, conflicts of interest, inappropriate conduct, a breakdown in communication or a misunderstanding of rights and obligations.
The complexity of legal issues that can arise can make resolving boardroom governance disputes difficult. It is imperative that each position is considered and dealt with in compliance with your organisation’s constitution, internal policies and procedures, and the general law. Having the right policies and procedures in place can assist in resolving the governance dispute.
Settling governance disputes can be a complicated and delicate process due to many instances dealing with sensitive situations. Organisations who fail to comply with all the requirements could expose themselves to the dispute escalating and damaging their reputation or, indeed, result in litigation in the courts.
Our governance disputes service
At Anthony Collins Solicitors our specialist governance disputes team works with leading values-driven businesses to support them through the governance-dispute process. We can advise and support organisations on all aspects of 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.
- 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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For anyone who is currently restrained from holding their General Meeting or have held such in breach of their governing documents, help is on the way!
The Supreme Court has allowed two appeals concerning 'vicarious liability', providing helpful clarity for claims of this kind and seemingly reining in the scope of such claims.
In our latest Company Secretary Update, we focus on the Queen’s Speech over Christmas and the recommendations and commitments in relation to housing.
Anthony Collins Solicitors (ACS) won four awards at the Birmingham Law Society Awards last night (8 March 2018), including Law Firm of the Year (16 partners or more).
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