Many businesses kick off with the best of intentions, often driven by a group of like-minded individuals eager to turn their dreams into a reality. But as the journey unfolds, shareholders may not always see eye-to-eye, causing once-solid partnerships to sour.
Singapore is home to numerous businesses. Consequently, we also often see shareholders doubling as company directors. This dual role can make disputes among directors turn into shareholder conflicts.
Shareholder disputes can be a major roadblock for any business, regardless of its size. When shareholders have conflicting interests, it can lead to conflicts that, if not resolved promptly, can seriously harm the company’s operations and profitability.
In this article, we will explore 3 common types of shareholder disputes and provide insights on how to resolve them effectively.
1. Management disputes
Management disputes are among the most frequent types of shareholder conflicts. These disagreements often arise when shareholders have opposing views on how the company should be run or when some shareholders believe that the company’s leadership is not acting in the best interests of the shareholders.
Resolution:
- Open communication: Encourage open and transparent communication between shareholders and management in order to understand and resolve problems.
- Mediation: Use a neutral third party to mediate between the opposing parties, assisting them in reaching an agreement.
- Legal assistance: Seek legal help from professionals such as Doris Chia, to understand and enforce the company’s bylaws and shareholder’s agreements, assuring a fair and lawful settlement.
2. Financial disputes
Financial disputes typically revolve around issues such as dividend distribution, investment decisions, or financial mismanagement. These disputes can disrupt the financial stability and growth of the company.
Resolution:
- Shareholder agreements: Shareholder agreements should be reviewed and amended to define financial duties and responsibilities. Check out our previous article to learn why it is vital to appoint a lawyer to review your contracts.
- Financial transparency and auditing: Conduct a financial audit to resolve problems and encourage openness.
- Professional advice: Consult with financial specialists to offer an accurate assessment of your stock and to aid you in making sound financial decisions.
3. Exit strategy disputes
Exit strategy disputes become relevant when some shareholders want to sell their shares and exit the company while others wish to continue their involvement. These disputes often occur when the company is experiencing financial difficulties or when some shareholders have different long-term goals. It is important to provide for exit strategies before disputes arise so that the clauses are fair. Typically, these clauses should be provided for in the Shareholder’s Agreement.
Resolution:
- Buy-sell agreements: Implement buy-sell agreements, which specify the procedures for selling shares and their worth.
- Negotiation: Enter into discussions in order to identify common ground and develop a mutually beneficial exit strategy.
- Legal assistance: Seek the advice of legal specialists, such as Doris Chia, to ensure that the exit plan complies with legal requirements and is in the best interests of the company.
Conclusion
Shareholder disputes can have significant consequences for a company’s stability and profitability. To effectively resolve these disputes, it is essential to employ a combination of communication, negotiation, and legal expertise.
Doris provides specialised legal services that can help businesses navigate these challenges, ensuring that shareholder disputes are resolved in a manner that protects both the company’s interests and the rights of individual shareholders.
Whether your dispute involves management conflicts, financial disagreements, or exit strategy disputes, our commercial litigation lawyers have the knowledge and experience to guide your business toward a resolution that benefits all parties involved.
Get in touch with us today for more information.