When two shareholders with equal shares block each other, the articles decide. The article shows buy-sell, mediation and dissolution action.
Your shareholder dispute team
Dispute team for shareholders and managing directors
A shareholder dispute calls for corporate law, litigation strategy and commercial understanding from one team. Mag. Bernhard Brandauer is responsible for the legal advice; depending on the conflict, further specialised lawyers of the firm support safeguards, evidence, negotiations and court enforcement.
Contact the teamWith two shareholders and equal shares every key decision can be blocked. The articles decide which path is open without pushing the company into insolvency.
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Check the clause, respect deadlines and align the negotiation line. The basis is secured. Now review the claim, jurisdiction, deadline and procedural objective together.
Check the clause, respect deadlines and align the negotiation line. First secure the articles, resolutions, correspondence, register data and deadline evidence. A reliable course can then be chosen.
Compare mediation, arbitration and dissolution action. The basis is secured. Now review the claim, jurisdiction, deadline and procedural objective together.
Compare mediation, arbitration and dissolution action. First secure the articles, resolutions, correspondence, register data and deadline evidence. A reliable course can then be chosen.
A buy-sell clause needs a trigger, a valuation mechanism and a selection rule. If one element is missing, the clause itself becomes the dispute.
Mediation needs a realistic fallback. Without a solid alternative negotiations remain one-sided. Often the combination of mediation and claim draft is useful.
One shareholder offers a price, the other decides whether to buy or sell. The clause works only with fair valuation.
Economically rarely more than six months. After that blockades affect annual accounts and financing.
Safeguard, challenge and enforce shareholder disputes. Portal for active GmbH conflicts covering first safeguards, resolution challenge, exclusion and preliminary injunction.
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