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Resolving disputes between shareholders or members of the company

The dispute between shareholders or members of the company is a dispute within the enterprise. These disputes are understood as contradictions and disagreements arising in the course of business operations between members, shareholders, or between groups within the company, ...

Disputes between the shareholder and the joint-stock company, other members of business corporations and partnerships, which arise while the business corporations and partnerships carry out activities, relate to the special jurisdiction of the economic courts. The disputes which are most frequently faced in the sphere of corporate disputes are as follows:

  • expulsion of the member of the business corporation;
  • payment (non-payment) of dividends or part of the company’s property after withdrawal of the member;
  • violation of the procedure of decision-making by bodies of the company, the appeal of such resolutions;
  • establishment, reorganization and liquidation of the legal entity;
  • ownership of shares, fractions in the statutory fund of business corporations and partnerships, members’ shares of cooperatives, determining their encumbering and exercising ensued rights;
  • claims of founders/ promoters, participants, members of the legal entity for damages caused towards the legal entity;
  • claims for invalidation of transactions made by a legal person, and (or) the application of consequences of the invalidity of such transactions;
  • appointment or election, termination, suspension of the powers and liability of the persons who are or were part of the governing bodies and the control bodies of the legal entity, as well as disputes arising from civil legal relationships between the above-mentioned persons and the legal entity and entity in connection with the exercise, termination or suspension of powers of these persons;
  • claims connected with the issuing of securities, including contesting/ challenging non-normative legal acts, decisions, and actions (inaction) of state bodies, local authorities and bodies of local self-government, and other bodies, officials, decisions of the governing bodies of the issuer, with challenging transactions made during the placement of emissive securities, reports (notifications) on the issue (additional issue) of securities;
  • summoning a general meeting of members of the legal entity;

To resolve these disputes quickly and effectively while keeping the business secret, Apolo Lawyers provides consulting services for resolving disputes of shareholders and members of the company, including:

  • Studying and evaluating case files and making plans for dispute settlement;
  • Consulting, representatives attending meetings to resolve disputes;
  • Contacting with related parties to resolve disputes in the form of negotiation or conciliation;
  • Dispatching lawyers to participate in legal proceedings to resolve disputes;
  • Consulting and supporting customers in the process of judgment execution and other related issues

Above are the necessary contents that Apolo Lawyers thinks customers need to master to best protect their rights and legitimate interests when disputes between shareholders or members of the company occur. Apolo Lawyers is a reliable law firm with a broad experience in this expertise, we believe to provide the client with a smooth process to resolve disputes in the shortest time.

More information can be found on the website: www.apolo.com.vn

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