The Corporate Insolvency and Governance Act 2020 has now received Royal Assent. It applies to most companies as well as Limited Liability Partnerships.
Our experienced governance-disputes team provides advice and support to social enterprises on governance disputes involving board members, shareholders or supporters.
Differences of view or opinion amongst board members, shareholders and supporters are one of the main reasons for internal-governance disputes. Typical differences of view can include disagreement about the management of the organisation, the direction of the business, or where members feel their rights are not being respected.
These differences of view can arise for a number of reasons such as, a clash in personalities, conflicts of interest, a misunderstanding of rights and responsibilities, inappropriate conduct or a breakdown in communication amongst members. In the worst cases, internal governance disputes can be more damaging to your organisation than external issues.
Governance disputes can be a complex area of law with each position needing to be considered and dealt with in observance with the organisation's constitution, internal policies and procedures and the general law. It is imperative that you have robust policies and procedures in place to support in the dealing of a governance dispute.
Governance disputes can be complicated and in many cases deal with sensitive situations. Our experience of working with clients in the social-business sector to resolve governance disputes enables us to reach the best workable outcome quickly and in compliance with requirements to reduce the risk of damaging the reputation of the organisation. Failure to comply with all of the requirements could result in litigation in the courts.
Our governance disputes service
At Anthony Collins Solicitors our experienced team of governance disputes solicitors works in partnership with leading charities, co-operatives and mutuals, social enterprises and commercial organisations to guide them 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.
- 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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