Fellous Avocats · Expertise
Shareholder disputes
Disagreement over strategy, management or each partner's role: analysis of the situation, negotiation, departure of a partner and litigation.
Talk to the firmUnderstanding
When partners no longer agree
A disagreement between partners is often felt in day-to-day decisions before proceedings are considered.
A dispute between partners can arise from a disagreement over strategy, remuneration, management or each person's role.
The analysis is not limited to the shareholders' agreement: the articles of association, collective decisions, correspondence and financial information help to understand the positions and what is at stake.
How we assist
From deadlock to proceedings
Depending on your objective (restoring normal operations, obtaining information, defending a position or preparing an exit), the engagement covers preparing discussions, the exit of a partner or litigation. Negotiation and proceedings are considered as two possible routes; the steps are defined with you beforehand.
- 01
Understanding the points of deadlock
Reconstructing events, identifying the disputed decisions and reviewing the corporate documents. The work distinguishes personal disagreements, operational issues and contractual commitments.
- 02
Preparing a discussion or an exit
Exploring the options for reorganisation, continuing the relationship or selling shares. Financial terms, the timetable and the commitments to be formalised are addressed in line with the client's objectives.
- 03
Building the litigation response
Where the situation calls for proceedings, preparing the arguments and the relevant evidence. The options are assessed in light of the context, the objectives and the consequences for the company's business.
The firm
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Your questions
Frequently asked questions
What should I prepare before the first meeting?
The articles of association, any shareholders' agreement, minutes, significant correspondence and a chronology. Specify the decisions to be taken shortly and the practical difficulties encountered.
Can we negotiate before starting proceedings?
A discussion may be considered depending on the situation and the parties' objectives. The firm prepares the points to be addressed and the necessary documents without prejudging the outcome of the discussions.
Does the firm assist with a partner's departure?
The engagement may include reviewing existing commitments and preparing a negotiated exit. The price, payment terms, timetable and post-departure obligations are matters to be examined.
What should I do when a decision must be taken quickly?
Report the deadline immediately and send any notices of meeting or documents received. Reviewing them identifies the issues to be dealt with first and the conditions for the firm's involvement.