The same applies to investors, whether private or institutional, who see their stake in a company undermined by inefficient management that is contrary to their interests, and who wish to preserve the economic value of their investment.
Non-judicial directors or liquidators may also behave in a way that is contrary to the company's interests; in such cases, their replacement becomes a necessity if the legal entity is to follow its normal course.
Our firm can help you secure your rights, restore a balance or organise a strategic exit, with or without litigation.
This applies to you if :
- You are in the minority and excluded from decisions and profits;
- A conflict arises with a co-founder or a long-standing partner;
- A director makes decisions without consultation or transparency;
- You suspect abuse of majority voting rights, misuse of corporate assets or conflicts of interest;
- You want to leave the company, sell your shares or exclude a partner.
- You are being sued by other shareholders or targeted as a director
What we do for you :
- Analysis of corporate documentation (articles of association, agreements, minutes of general meetings, etc.);
- Strategy for exiting or regaining control ;
- Supervised negotiation or mediation between partners and/or directors ;
- Liability of directors and liquidators at fault;
- Legal action for abuse of majority, dismissal and appointment of provisional administrator, replacement of liquidator, exclusion or forced redemption, judicial dissolution;
- Assistance with financial appraisals (valuation, current accounts, etc.).
Frequently asked questions
Can a minority shareholder be excluded?
The exclusion of a shareholder is possible but strictly regulated. We analyse the articles, the shareholders’ agreement and the law.
How do I unblock a paralysed company?
Several mechanisms exist: appointment of a provisional director, court actions, negotiated exit. We choose the most effective route.
Can a partner be excluded from the company?
Yes, under certain conditions, in particular for legitimate reasons. The exclusion of the majority shareholder is possible, as our practice has confirmed.
What if a director mismanages the company?
Directors’ liability can be invoked for mismanagement. We gather the evidence and act.
What is an action for exclusion or withdrawal for legitimate cause?
In a company, a shareholder may, for legitimate cause, ask the court to exclude another shareholder, or to withdraw with a buy-out of their shares. The procedure aims to break a lasting deadlock. We assess whether the conditions are met and the buy-out price that can be envisaged.
How is the value of the shares set on exit?
In the absence of agreement or of a method set out in the articles or the shareholders’ agreement, the value of the shares is determined by expert assessment, using recognised financial methods. The terms and the valuation date have a significant impact. We frame the valuation and defend your interests in the assessment.