Partnership and Shareholder Disputes
In some instances, business owners, whether the business is a partnership, limited liability partnership or a limited company, fall into dispute. This could be about the way the business is operated or the way the profits must be split.
When it comes to partnerships, the dispute might be between partners who became embroiled in the partnership dispute. In terms of a limited liability partnership, the dispute might be between its members. In a limited company, disputes might be between the directors and the shareholders who are actually the business owners.
Any dispute in the business may cause damage quickly and it is essential to resolve disputes as soon as possible. Thanks to the expertise of a partnership and shareholder disputes attorney, this could be resolve quickly through providing a solution that would eliminate dispute in a legal and right manner.
SHAMY, EL FADEL & MAHONE has the partnership and shareholder disputes experience you need to defend yourself or aggressively pursue a dispute with a resolution that benefits all parties involved. For a free consultation call 954-956-7676
How a Partnership and Shareholder Disputes Lawyer Can Help You?
We can help resolve partnership shareholder disputes in a a quick and cost-effective manner. Call us today to schedule a consultation for free.
The first thing that a partnership and shareholder disputes lawyer usually do is to take a look at the rules, which apply to that owners and the business. When it comes to a partnership, this could involve looking through the written partnership agreement. However, not all businesses have this. More often than not, some businesses have no written partnership agreement.
In the case of LLP dispute, this often involves looking at the limited liability partnership or members’ agreement. If there’s a dispute between the shareholders in the limited company, checking out the Articles and Memorandum of a limited company is what the lawyers do. If there’s a shareholders’ agreement, it will be checked. But, unfortunately, not all have these.
If there are no updated or tailored set of rules in a certain situation, then things will be much vague, lengthy, expensive, and uncertain. Having knowledge about the contractual and legal framework within the dispute takes place and having listened to the details regarding the dispute, a partnership and shareholders attorney can advise you some options that you can consider to resolve the dispute.
Such options may include negotiations with the involved parties or through invoking a much formal mediation process. If these fail, lawyers will take formal action to courts that would provide protection to your interests. Depending on your business structure that’s in question, there are several mechanisms within the law that would let the court to resolve the disputes. For instance, if you are not a major shareholder in the company and you think that the controlling shareholders are actually taking action in the company that is prejudicial to you, it is always a good idea to start an action of Minority Shareholder against the other party. If you are the partner in the partnership, you may take an action through asking the court to procure the account on who owns particular things in the business.
As mentioned earlier, what you can’t or can do in any situation will depend on the kind of business you are in to and what written agreement is in place between the rightful owners.
If you don’t like the impact of the dispute on your business, you can also apply to the court for interim injunction, which could help your business function until the dispute is addressed.
Choosing a Partnership and Shareholders Disputes Attorney
A dispute may cause damages or negative impact to your business. If you don’t want this to happen, it would be a wise option to look for a good lawyer that is expert in partnership and shareholders disputes. Whether it is your first time to encounter a dispute within your business or you have already faced it before, here are some of the things you should keep in mind when finding the right lawyer:
Years of Experience
One of the first things that you should take for consideration when looking for a partnership and shareholders disputes lawyer is his or her years of experience. If you want to resolve the dispute at the soonest date to avoid any major problems in the long run, finding a lawyer who has been in the industry for several can make a difference. Although it is also okay to hire a newbie in the legal field, it is still advisable to settle with the experienced one as he or she already know the procedures and sets of rules that must be considered when dealing with a partnership and shareholders disputes. So, if you don’t want to prolong your agony, choose an experienced lawyer.
Field of Expertise
Another thing that you must not forget when finding a lawyer that would help you resolve partnership and shareholders disputes is his or her field of expertise. You have to remember that not all lawyers focus on one area of law. Oftentimes, some lawyers have expertise in different areas of law, which can be disadvantageous sometimes. If you want a reliable lawyer who can deal with your issue quickly, choose the one who has mastered partnership and shareholders disputes. The reason behind it is that lawyers who only focus on this field of law are much knowledgeable and almost know everything about the problem.
Though the charging rates aren’t really an essential factor to take note, it is still a good idea to make comparisons of the different rates offered by various partnership and shareholders disputes attorneys. By comparing rates, you will be able to save a huge amount of money while resolving the dispute within your business. But, ensure that the rates worth the services offered by your preferred lawyer.
License is a very important factor that you should bear in mind. Make sure that your chosen lawyer is licensed and certified. In this way, you can be assured that he or she will deliver services with professionalism.
With the number of lawyers that specialize this field, it is a bit confusing to choose the right one that would help you resolve all your issues. So, make sure that you know the right steps and important considerations when choosing the best partnership and shareholders disputes lawyer.