DOMINIK BILDT

Shareholder dispute

Shareholder dispute
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A shareholder dispute is referred to as a dispute between the individual shareholders. Disputes often occur, especially in smaller companies where the number of shareholders is small.

The individual interests between the partners are different. On the one hand, there are majority shareholders and on the other hand, there are minority shareholders. Furthermore, capital providers are also shareholders, who in turn have different economic interests than the founders.

This means that there are often dependency relationships and mutual interests within the GmbH. The relationship of trust between the partners decreases due to a shareholder dispute. For this reason, a solution to the conflict should be sought at from an early stage.

In the case of companies that consist of only two partners, business is considerably disrupted. A solution is difficult if one of the two partners does not have a majority. Business partners and employees can also stop working with the company if the shareholder dispute affects trust in the industrial relationship.

There are possible solutions in social restructuring. This can be found with mediation between the partners. In certain circumstances, the exclusion of a partner and the forfeiture of the business shares is also possible. A shareholder who is also a manager can be removed.

A shareholder dispute can not only arise between the shareholders who themselves participate economically in the company. Opposites also occur between operationally active partners and partners who only hold shares to increase wealth without being economically active themselves. A conflict can also arise between shareholders who bring in venture capital and those who set up their own business, which causes further problems with financing.

Shareholder dispute

There are often conflicts in a family business if the company is to be transferred from one generation to the next generation. The crisis and an impending insolvency of the company can also be a challenge, which brings mutual interests between the shareholders.

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