What to secure first in a shareholder dispute.

Four questions on time pressure, access and the counterpart. In the end you receive a rough order and can hand the matter to the firm. Not legal advice for the individual case.

Safeguard triage

What to secure first in a shareholder dispute.

Four questions on time pressure, access and the counterpart. In the end you receive a rough order and can hand the matter to the firm. Not legal advice for the individual case.

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01 Question 1

How acute is the pressure right now?

All paths at a glance

Overview of all answers.

Immediate safeguards required.

Confirm the end of every oral agreement in writing. Review bank powers and reissue signatory rights if possible. Pull the register extract and have a preliminary injunction assessed as next step.

First enforce access to figures and resolutions.

Without insight into books and resolutions no challenge or exclusion has a base. Send a written inspection request with a concrete topic list. If the reply is missing, move on to the register court or an information action.

Organise evidence first, then act substantively.

Before any action or challenge the key evidence must be secured. Start with an orderly export of mailboxes, collect contracts, resolutions, bank statements and customer lists of the last twelve months.

Prepare structured and hold the negotiation line.

The case appears manageable. Use the time for a clean inventory, review the articles in detail and prepare challenge or safeguard steps in parallel. A first consultation structures the next three to four weeks.

Prepare a preliminary injunction as next step.

When facts are being created, a later action quickly loses its base. The preliminary injunction is often the first effective instrument. It requires evidence, an affidavit and an execution plan.

All recommendations at a glance

Immediate safeguards required.

Confirm the end of every oral agreement in writing. Review bank powers and reissue signatory rights if possible. Pull the register extract and have a preliminary injunction assessed as next step.

First enforce access to figures and resolutions.

Organise evidence first, then act substantively.

Prepare structured and hold the negotiation line.

Prepare a preliminary injunction as next step.

When facts are being created, a later action quickly loses its base. The preliminary injunction is often the first effective instrument. It requires evidence, an affidavit and an execution plan.

Direct contact

+43 662 6280000
kanzlei@brandauer-rechtsanwaelte.at
Giselakai 51, 5020 Salzburg, Österreich

Initial consultation, €72

This information is initial orientation and does not replace legal advice in an individual case. No deadline, success or cost guarantee.