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Shareholders’ Dispute | Limited Liability Company | Austria
Disputes between shareholders can paralyse the company.
Shareholders’ disputes occur frequently on measures of
- Management
- dismissal of directors
- questions of accounting
- finance issues
- the personal participation of the shareholders
- undue advantages to individual shareholders
- conclusions of contracts between the company and shareholders to the detriment of the company
- open or secret competition
- diversion of Business opportunities and so on.
Shareholders’ Dispute: Quickly and safely acting
Dispute: A shareholder who is capable to act quickly and safely in the dispute has advantage. On the other hand, who does not know his rights or has to cumbersome research them, loses (often valuable) time and has therefore in the shareholders’ dispute from the outset a worse starting position.
Actions in shareholders‘ Dispute
Dispute: The following steps can be set for example:
- Visit / convening a general assembly and fixing of points on the agenda
- Consideration of the prohibition of votes, which is subject to any individual shareholder
- Initiation of the removal of a director, if necessary with judicial assistance
- Timely challenge of shareholder resolutions
- Effective management of (minority) rights
- Application for the appointment of a special auditor (auditor) to the Companies‘ court
- Effective prosecution of claims of the company – even against resistance of the majority shareholder(s)
- Recovery of improper payments to shareholders
- Exercise and, if necessary, judicial enforcement of information and access rights
- Preparations for the exclusion of shareholders (or his defense)
- Application for provisional orders
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