Publication date: 06.07.2024
Protection of minority shareholders' rights: new mechanisms
Justification of the importance of the topic for solving current problems of Ukrainian clients
Protecting the rights of minority shareholders is one of the most pressing issues of corporate law in Ukraine. Minority shareholders often face unfair actions by majority shareholders, which can lead to abuse of power, restriction of minority shareholders' rights to participate in decision-making, receive dividends and information about the company's activities. In this regard, the development of new mechanisms to protect the rights of minority shareholders is of particular importance.
Legal Marketplace Consultant LLC provides a wide range of legal services aimed at protecting the rights of minority shareholders, including analysis of the situation by a lawyer, legal opinion on the situation, written legal advice, writing a lawyer's request, legal analysis of the situation and many others. This allows our clients to effectively protect their interests and prevent possible violations of their rights.
The main part
1. Analysis of the situation by a lawyer
Example 1: Protecting the right to receive information
Client A, a minority shareholder of a large industrial company, turned to Legal Marketplace Consultant LLC with a complaint about the majority shareholder's refusal to provide access to the company's financial documents. Our lawyers conducted a detailed legal analysis of the situation, taking into account the requirements of the Law of Ukraine "On Joint Stock Companies" and other regulatory acts. The legal opinion on the situation included recommendations on sending a formal request to the company to provide the necessary information and further actions in case of refusal.
Example 2: Resolving a conflict over the payment of dividends
Client B contacted us with a complaint about non-payment of dividends for several years. Legal Marketplace Consultant conducted a legal analysis of the situation and found out
that the majority shareholders systematically avoided paying dividends to minority shareholders. The legal opinion included recommendations on preparing a written request for dividend payment and developing a strategy for protecting rights in court if the company does not satisfy the minority shareholders' claims.
2. Written legal advice
Example 3: Violation of the right to participate in the general meeting
Client B contacted us with a complaint that the majority shareholder had failed to notify him of the general meeting of shareholders. Our lawyers conducted a legal analysis of the situation and prepared a written legal advice explaining what actions could be taken to protect the right to participate in the meeting. This included drafting a lawyer's request to the company demanding that the meeting be re-held in compliance with all necessary procedures.
Example 4: Unlawful exclusion from the supervisory board
Client G, a member of the supervisory board as a minority shareholder, was expelled from the board without proper justification. Legal Marketplace The consultant prepared a written legal advice, where he provided recommendations on how to appeal the decision to exclude him from the board and prepared a legal opinion on the situation.
3. Writing a lawyer's request
Example 5: Protecting rights when changing the company's charter
Client D addressed the problem of changes to the company's charter that restricted the rights of minority shareholders. Our lawyers conducted a legal analysis of the situation and prepared a lawyer's request to the company to provide detailed information about the changes and their justification. As a result, the client was able to protect his rights and get the changes to the charter revised.
4. Legal analysis of the situation
Example 6: Resolving a conflict over the preemptive right to purchase shares
Client E, a minority shareholder, contacted us with a problem of violation of his preemptive right to purchase shares in a company. Legal Marketplace Consultant conducted a legal analysis of the situation and prepared a legal opinion with recommendations for further actions, including the possibility of going to court to protect his rights.
Example 7: Appealing a decision to liquidate a company
Client Zh addressed the problem of making a decision to liquidate the company without taking into account the interests of minority shareholders. Our lawyers conducted a legal analysis of the situation, prepared a legal opinion and a written legal advice explaining what steps could be taken to appeal the decision in court.
5. Online legal advice
Example 8: Protecting the rights of minority shareholders in a company reorganization
Client Z sought help through an online legal consultation to protect his rights during the company's reorganization. The Legal Marketplace Consultant conducted a detailed analysis of the situation, provided a legal opinion and written legal advice, including recommendations on how to participate in the reorganization process and protect their interests.
6. Attorney's opinion
Example 9: Appealing against non-transparent distribution of profits
Client I addressed the problem of non-transparent distribution of profits of a company where he is a minority shareholder. Legal Marketplace Consultant conducted a legal analysis of the situation, prepared a lawyer's opinion and provided recommendations for further actions, including the possibility of going to court to protect his rights.
7. Legal advice online
Example 10: Protecting rights when entering into transactions with related parties
Client K sought online legal advice on how to protect his rights when entering into transactions with related parties. The Legal Marketplace Consultant provided a detailed legal analysis of the situation, a legal opinion and written legal advice online, explaining what actions could be taken to protect their rights and avoid conflicts of interest.
Conclusion.
Protecting the rights of minority shareholders is an extremely important aspect of corporate law, especially in today's Ukraine, where corporate conflicts are quite common. Legal Marketplace Consultant LLC offers a wide range of legal services, including legal opinion , written legal advice , online consultation of a lawyer , lawyer's request , legal analysis of the situation, written consultation of a lawyer , written legal consultation , legal consultation online, legal advice online , analysis of the situation by a lawyer , writing a lawyer request , legal opinion on the situation , lawyer's opinion. Each of the above examples demonstrates the importance of timely seeking professional legal assistance to effectively protect the rights of minority shareholders and prevent possible violations of their rights. Professional legal support ensures stability in corporate relations and helps minority shareholders protect their legitimate interests.
