Shareholder dispute

If there are differences of opinion between the shareholders of a company that cannot be resolved amicably, these often end in disputes. These can jeopardise the existence and development of the company and should therefore be avoided or resolved as quickly as possible.

Experience has shown that the regular causes of shareholder disputes in a GmbH are

• unclear or incomplete provisions within the articles of association,
• differing interests of the shareholders with regard to the financial, economic or organisational orientation of the company,
• personal conflicts and differences between the shareholders,
• mismanagement and/or
• differing views on the strategic direction of the company.

Shareholder disputes can be resolved in various ways:

• Withdrawal of a shareholder: If a shareholder is no longer willing or able to participate in the company, his or her withdrawal may be a solution.
• Amendment of the articles of association: An amendment to the articles of association can help to avoid future conflicts through clear regulations.
• Conducting mediation: Mediation can help the shareholders to resolve their differences and come to a joint solution.
• Legal dispute: If the conflicts cannot be resolved in any other way, a legal dispute often takes place.
• Dissolution of the company: If the existence of the company is jeopardised, it may be necessary to dissolve the company.

Our specialised lawyers will be happy to advise you on questions relating to this topic.