Powers, shareholdings, access to company information and decisions that cannot wait.
Distinguishing powers and interests
The company’s interests, a shareholder’s interests and a director’s position require separate assessment. The initial review identifies the disputed decision, the body with authority to take it, the applicable rules and the documented financial consequences.
The initial file
- Articles of association, shareholders’ agreements and authority to represent the company.
- Meeting notices, minutes and requests for information.
- Financial statements, disputed transactions and documents showing their effects.
Preparing the decisions
Whether a negotiated or court-based solution is being considered, it is necessary to identify who is entitled to act, what outcome they seek and which facts they must prove. A shareholding alone does not answer those questions.
Before sending documents
The firm checks whether it can consider the matter and whether there are any conflicts of interest before you send confidential material. An initial enquiry does not create an engagement.