When a co-shareholder empties accounts or draws customers away, a preliminary injunction can act quickly. The article shows motion and evidence.
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 teamA single day is often enough to draw assets from the GmbH. The preliminary injunction is the fastest legal instrument to stop such movements before they become irreversible.
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Prepare safeguard injunction against accounts with block motion and recipient designation. The basis is secured. Now review the claim, jurisdiction, deadline and procedural objective together.
Prepare safeguard injunction against accounts with block motion and recipient designation. First secure the articles, resolutions, correspondence, register data and deadline evidence. A reliable course can then be chosen.
Assess preliminary injunction for cease and desist of poaching and competitive acts. The basis is secured. Now review the claim, jurisdiction, deadline and procedural objective together.
Assess preliminary injunction for cease and desist of poaching and competitive acts. First secure the articles, resolutions, correspondence, register data and deadline evidence. A reliable course can then be chosen.
Without evidence any injunction becomes a paper tiger. Bank statements, emails, witnesses and the affidavit must make the imminent damage tangible.
Often the quality of the affidavit decides whether the court grants the motion or sets an oral hearing.
The motion must also consider execution: service, bank notification, block officers and the question of security. Without an execution plan even granted injunctions dissolve.
With good preparation commercial courts often decide within days. Without preparation the procedure takes considerably longer.
If the injunction is lifted, damage claims of the opposing side threaten. Therefore the claim must be sound.
Safeguard, challenge and enforce shareholder disputes. Portal for active GmbH conflicts covering first safeguards, resolution challenge, exclusion and preliminary injunction.
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