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Shareholder disputes: how to prevent and resolve them

Mr. Vincent BestersMarch 29, 2019
Shareholder disputes: how to prevent and resolve them

Shareholder disputes are one of the most common causes of business problems. When shareholders can no longer agree, this can have serious consequences for the continuity of the company.

Common causes

Shareholder disputes often arise due to:

  • Different visions about the company's direction
  • Disagreement about profit distribution
  • Lack of communication
  • Personal conflicts
  • Breach of shareholders' agreement

Prevention

Many conflicts can be prevented with good agreements. A well-drafted shareholders' agreement is essential. This should at least include:

  • Decision-making procedures
  • Profit distribution
  • Transfer of shares
  • Dispute resolution

Resolution options

If a conflict has arisen, there are various options:

  • Mediation
  • Arbitration
  • Court proceedings
  • Buyout arrangements

Conclusion

Prevention is better than cure. Invest in good agreements and open communication. If a conflict does arise, act quickly and seek professional help.

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