SHAREHOLDER DISPUTES

Cooperation between individual shareholders and between shareholders and the board may become bogged down. This can in turn harm the interests of the shareholders, the board and the entire enterprise. In such situations, a shareholder dispute may arise.

SETTLE OR LITIGATE

In the event of a shareholder dispute, the parties often first attempt to arrive at a solution by mutual consent. Both the shareholders and the board must then be aware of the relevant rights and obligations. If the parties fail to arrive at an amicable settlement, they can submit the dispute to the competent court for example via summons proceedings, interlocutory proceedings, a dispute settlement procedure or investigation proceedings. The choice of type of proceedings will depend on both the facts and circumstances of the dispute, and the intended goal of the shareholder or the director.

INVESTIGATION PROCEEDINGS

In recent years, recourse to investigation proceedings has become increasingly popular before the Enterprise Division. The aim of investigation proceedings is to re-establish a healthy relationship within the enterprise. The interests of the enterprise are of primary importance. During investigation proceedings, it is possible to have immediate (urgent) provisions made. Possibilities include suspending the voting right on shares, the suspension of a director or the appointment of a super-supervisory directory to temporarily supervise the activities of the board.

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