Partner and shareholder defence

The structure and operation of companies often generates conflicts between majority and minority shareholders, as well as between partners and directors whose interests are often in conflict.

Some of the usual disputes arise from remuneration policies for directors and board members, which very often conceal an attempt at allocating extra dividends by majority shareholders who at the same time hold positions on the company’s administration or management.    

There are also often conflicts resulting from the adoption of abusive and prejudicial resolutions by the majority shareholders against the minority under the pretext of defending corporate interest (such as unjustifiable capital increases, non-payment of dividends, lack of transparency, etc.).

Specialised preventive advice is a key matter for settling such disagreements right from the start. AGM Abogados can help your company to plan and develop appropriate strategies for your partners’ strategies at Partners and Shareholders’ Meetings, as well as in the event of requiring arbitration or legal proceedings if no agreement is reached.

The most frequent services in this area include:

• Specialised preventive and corrective advice in corporate law.
• Extrajudicial management of conflicts between partners and/or with directors.
• Designing, negotiating and drafting preventing instruments (Shareholders’ Agreements, Voting and blocking syndicates and others) to prevent corporate conflicts.
• Representation and defence of minority shareholders.    
• Legal defence at arbitration tribunals and courts.
• Comprehensive advice to trading companies, family businesses and other legal entities.
• Advising in the implementation of companies in Spain and abroad (subsidiary, branches, representative offices).
• Company agreements (capital increase and decrease, structural modifications, group reorganisation, etc.).
• Secretariat of Companies and Boards of Directors.
• Negotiations on shareholdings.
• Drafting of agreements between shareholders.
• Contesting corporate resolutions.