One of the important areas of practice of lawyers of BRACE Law Firm is the provision of legal representation services in a court in cases in the field of corporate disputes. In our practice, we face with various types of corporate disputes at different stages of resolution, including pre-trial and trial. Our advantage is the extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers.
Features associated with the corporate disputes require an individual approach to each specific case and careful legal analysis.
Corporate disputes are conflicts within the legal entity that arise when there are property or non-property claims of one party to the other. In general, corporate disputes arise due to the appearance of certain claims of one company’s participants to others.
In judicial practice, corporate conflicts should be considered the most difficult to consider. Corporate disputes are usually protracted. During the proceedings of property disagreements, the parties almost always file counterclaims, require the arrest of disputed assets and restriction of the rights to use it. This significantly increases the length of the proceedings.
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 charter (joint-stock), shares, establishment of their encumbrances and exercise of the rights arising from them, in particular disputes arising from share purchase agreements; disputes related to foreclosure on shares with the exception of disputes arising from the activities of depositories related to accounting for rights to shares and other securities, disputes arising in connection with the division of hereditary property or the division of the common property of spouses, including shares in the authorized (joint-stock) capital of business entities and partnerships, shares of members of cooperatives;
- Disputes in claims of founders, participants, members of a legal entity regarding compensation for losses caused to a legal entity, invalidation of transactions made by the legal entity, and (or) application of the consequences of invalidity of such transactions;
- Disputes related to the appointment or election, termination, suspension of authority and responsibility of persons included or included in the governing bodies and control bodies of a legal entity, disputes arising from civil relations between these persons and the legal entity in connection with the exercise, termination, suspension of authority the specified persons, and disputes arising from the agreements of the participants of a legal entity regarding the management of this legal entity, including disputes arising from corporate agreements thieves;
- Disputes related to the issue of securities, including the contestation of non-normative legal acts, decisions and actions (inaction) of state bodies, local authorities, other bodies, officials, decisions of the issuer's management bodies, to the challenge transactions made during the placement of issue securities, reports (notifications) on the results of the issue (additional issue) of equity securities;
- Disputes arising from the activities of holders of the register of owners of securities related to the accounting of rights to shares and other securities, with the exercise by the holder of the register of owners 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 in a legal entity;
- Disputes regarding an appeal against decisions of the governing bodies of the legal entity;
- Disputes arising from the activities of notaries to certify transactions with shares in the authorized capital of limited liability companies.
Corporate Dispute Resolution Procedure
Corporate disputes are subject to arbitration. Regarding the choice of a particular court that will consider the corporate dispute, exclusive territorial jurisdiction has been established for corporate disputes.
When filing a statement of claim, it should be borne in mind that it is compiled by the general requirements for such documents established by the Arbitration Procedure Code of the Russian Federation. Also, the statement of claim must include:
- state registration number of legal entities involved in the dispute;
- legal address of the company contained in the Unified State Register of Legal Entities.
The statement of claim is accompanied by additional papers confirming the activities of the enterprise, for example, the charter of the company, and receipt on payment of state duty.
The length of the corporate dispute litigation depends on the complexity of the case and the activity of the parties.
Corporate disputes can be resolved by the parties by way of concluding the settlement agreement or using other conciliation procedures, including with the assistance of an intermediary.
To protect your rights in the event of the corporate dispute, it is better to seek help of an experienced team of lawyers on time, who will be able to professionally and competently resolve issues arising from the lawsuit.
Before the commencement of the procedure for applying to the court in corporate disputes for recognition of a transaction as invalid, we obligatorily analyze all available documents, collect the necessary information, and monitor judicial practice in similar disputes. The customer always receives complete and reliable information about each stage of the business.
- Legal analysis of documents and other evidence submitted by a client regarding the corporate disputes
- Advising by lawyers of BRACE Law Firm on the prospects for trial and/or pre-trial settlement of a dispute
- Drafting and submission of a pre-trial claim (if a mandatory pre-trial procedure is provided or the submission of a pre-trial claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in a court
- Collection, preparation and retrieval of evidence for a court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by lawyers of BRACE Law Firm and performing all other necessary procedural actions
- Coordination in several parallel cases
- Legal assistance in administrative cases
- Preparation and support of the conclusion of settlement agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory court
- Legal support of enforcement proceedings
- Other legal assistance in court cases on corporate disputes