Legal services in corporate disputes at different stages of resolution
Corporate disputes are conflict situations within a legal entity that arise in the presence of property or non-property claims of one party to another. Basically, corporate disputes arise due to the emergence of certain claims of some members of the company against others.
Due to the legal complexity, the need for parallel participation in several litigations in one corporate dispute, the protracted nature of corporate disputes and conflicts, the provision of legal services in this category of litigation requires the involvement of a team of lawyers with legal expertise and experience in this area.
In judicial practice, corporate conflicts should be classified as the most difficult to deal with. Corporate disputes tend to be protracted. During the proceedings of property disputes, the parties almost always file counterclaims, demand the seizure of disputed assets and restrictions on the rights to use it. This significantly increases the time for litigation.
Types of corporate disputes
- Disputes related to the creation, reorganization and liquidation of a legal entity.
- Disputes related to the ownership of shares, shares in the authorized (reserve) shares, the establishment of their encumbrances and the implementation of the rights arising from them, in particular disputes arising from contracts for the sale of shares, shares; disputes related to the foreclosure of shares and shares, with the exception of disputes arising from the activities of depositories related to the registration of rights to shares and other securities, disputes arising in connection with the division of hereditary property or the division of the common property of the spouses, which includes shares , shares in the authorized (share) capital of economic companies and partnerships, shares of members of cooperatives;
- Disputes on claims of founders, participants, members of a legal entity for compensation for losses caused to a legal entity, invalidation of transactions made by a legal entity, and (or) application of the consequences of the invalidity of such transactions;
- Disputes related to the appointment or election, termination, suspension of powers and liability of persons who are or were members of the management and control bodies of a legal entity, disputes arising from civil legal relations between these persons and a legal entity in connection with the exercise, termination, suspension of powers these persons, as well as disputes arising from agreements between participants in a legal entity regarding the management of this legal entity, including disputes arising from corporate agreements;
- Disputes related to the issue of securities, including contestation of non-normative legal acts, decisions and actions (inaction) of state bodies, local government bodies, other bodies, officials, decisions of the issuer's management bodies, contesting transactions made in the process of issuing securities, reports (notifications) on the results of an issue (additional issue) of emissive securities;
- Disputes arising from the activities of the holders of the register of holders of securities related to the registration of rights to shares and other securities, with the exercise by the holder of the register of holders of securities of other rights and obligations in connection with the placement and (or) circulation of securities;
- Disputes about convening a general meeting of participants of a legal entity;
- Disputes about appealing decisions of the governing bodies of a legal entity;
- Disputes arising from the activities of notaries to certify transactions with shares in the authorized capital of limited liability companies.
- state registration number of the legal entity involved in the dispute;
- legal address of the company contained in the Unified State Register of Legal Entities.
Procedure for resolution of corporate disputes
Corporate disputes are under the jurisdiction of the arbitration court. With regard to the choice of a particular court that will consider a corporate dispute, corporate disputes are subject to exclusive territorial jurisdiction. In accordance with clause 4.1 Art. 38 of the Arbitration Procedure Code of the Russian Federation, corporate disputes are subject to consideration at the location of the legal entity that is the subject of a corporate dispute.
When filing a statement of claim, it should be borne in mind that it is drawn up in accordance with the general requirements for such documents established by the Arbitration Procedure Code of the Russian Federation. In addition, the claim must include:
The duration of the litigation in a corporate dispute depends on the complexity of the case and the activity of the parties.
Corporate disputes can be settled by the parties by concluding a settlement agreement or using other conciliation procedures, including with the assistance of an intermediary.
In order to protect your rights in the event of a corporate dispute, it is better to seek the help of an experienced team of lawyers in a timely manner, who will be able to professionally and competently resolve issues arising in the course of the trial.
Before starting the procedure for applying to the court for corporate disputes, we must analyze all available documents, collect the necessary information, and monitor judicial practice in similar disputes.