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Home page > Litigation practice > Corporate disputes

You can avoid corporate disputes: Meet Law & Wise - your personal assistant!

Corporate disputes accompany every second entrepreneur. In most cases, conflicts arise between owners and are associated most often with the uneven contribution of the resources that each of them has invested in the development of the company. Disputes between senior management and management personnel of the company on matters relating to internal management and decision-making are also widespread. Do you want to avoid corporate disputes? Law & Wise experts will render you competent assistance.

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When do you need help of a corporate lawyer?

Doing business is fraught with numerous problems, difficulties and risks that a competent lawyer can prevent, based on the norms of current legislation.

Law & Wise experts specialize in working with clients who require competent assistance in corporate law matters. As part of business support, we provide the following services:

appealing the decisions made at a meeting of shareholders or members of an LLC;
resolving disputes arising from corporate agreements and relating to the rights and obligations of all the organization’ participants;
resolving conflicts connected with access to confidential information and external audit relating to the legal entity’s activities;
protecting the client’s interests in a dispute over the purchase / transfer of participating interests, shares, real estate and other assets in the company;
challenging interested party transactions and major transactions;
assisting in disputes related to the mandatory buyout of shares;
resolving disputes about the exclusion of a participant from the LLC, etc.

Law & Wise legal team will assist you in resolving complex corporate disputes. When assisting the client, we will take into account all the circumstances that led to the conflict, and minimize the risk of disagreement as much as possible.

QUESTION-ANSWER

Are there any alternative ways to resolve corporate disputes, except the judicial proceedings?

Article 225.1 of the Arbitration Procedure Code stipulates that some disputes may be referred to arbitration courts on condition that plaintiffs or defendants in such disputes have concluded an arbitration agreement on the transfer of such disputes to an arbitration court. In such a case, the dispute may be referred to an arbitration court only in the framework of arbitral proceedings, administered by a permanent arbitration institution, which approved, deposited and placed on its website the rules of corporate disputes resolution according to federal law, with the place of arbitration on the territory of the Russian Federation.

How do I know whether I have a corporate dispute or not?

Disputes in the field of corporation law arise on issues related to the creation, management and participation in the organization. They do not include the activities of depositories, issues of hereditary property or division of property by spouses, including shares, stakes, etc.

What questions should founders address to the notary?

Participation of a notary in corporate relations is necessary in the case of notarization of decisions made by the founders and the membership, in the process of alienation of shares in the authorized capital, certification of security and pledge agreement, etc.

Can I sell my stake in an LLC to a third party without the consent of other participants?

In the first place, you should rely on the company's charter; it always stipulates the pre-emption rights to buy out stakes from other participants prior to third parties. You must first offer to purchase your participation interests to your co-founders, and only upon their refusal (in making the purchase) to third parties.

Are there any special considerations when filing a corporate dispute claim?

The procedure for the consideration of such disputes is prescribed in Chapter 28.1 of the APC RF. In accordance with the law, the claim must contain the registration number of the legal entity and the address of its location (legal address) among other requirements, provided for by Art. 125 of the APC RF. As an application, you must provide an extract from the Uniform State Register of Legal Entities, as well as the list of documents contained in Art. 126 APC RF.

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