Disputes & Sensitive Situations
Marseille · Var · Throughout France · International
Shareholder disputes are often critical situations for the business. NOEM AVOCAT acts swiftly to protect your interests and find an appropriate resolution for each situation.
Deadlock Situations
A disagreement becomes critical when it prevents the corporate bodies from making decisions or moving forward, blocks access to essential financing or threatens operations. The analysis reviews the articles, shareholders' agreement, applicable voting thresholds and decisions already taken. NOEM AVOCAT identifies urgent measures, negotiating leverage and possible exit routes, while seeking to protect the rights of the shareholder concerned and the continuity of the business.
Removal of Directors
Removing a director requires strict compliance with the powers of the relevant body, the procedure set out in the articles and the right to be heard. Related appointments, contracts, remuneration and commitments must also be considered. The work covers preparation of the decisions, documentation of the grounds and management of the consequences in order to reduce the risk of a later challenge.
Exclusion & Exit Clauses
Exclusion, bad-leaver, removal and forced-transfer provisions are effective only if their conditions and implementation are legally sound. Disputes frequently concern the triggering event, the procedure, the valuation of the shares and the payment timetable. NOEM AVOCAT reviews the mechanism, prepares the required corporate decisions and assists with negotiating the exit of the shareholder concerned.
Amicable Resolution
A negotiated solution may preserve business value and avoid lengthy proceedings that could have a detrimental impact on the business. It nevertheless requires an overall strategy, a settlement agreement, appropriate warranties and mutual releases. If settlement is not achievable, the matter is organised for protective measures, urgent proceedings or the appropriate claim on the merits.