Director, Shareholder and Partnership Disputes

Whatever your situation and structure, we’re here to help.

FAQs


Who ultimately owns the business?

In the case of a limited company, even when they take no active role in the management of the business, the company is ultimately owned by its shareholders.  This means that when the directors of a limited company are said to owe legal duties ‘to the company’, in practical terms, those duties are owed to the company’s shareholders.

In the case of a general partnership, the business is owned by the partners, although unlike a company, the partnership is not itself a separate legal entity.

Who owes duties to the company?

Legal duties are owed under the Companies Act 2006 not only by those validly appointed as the company’s directors, but also by ‘de facto directors’ (someone who has assumed responsibility to act as a director, even though they have not been validly appointed) and, in most cases, also by ‘shadow directors’ (someone with whose instructions the directors are accustomed to act).

Where are the directors’ and shareholders’ rights and duties set out?

There is rarely a simple, one-size-fits-all answer to this question, as the directors’ and shareholders’ rights and duties will often be found in several different places, including the company’s articles of association and memorandum of association, the Companies Act 2006, any shareholders’ agreements, and/or any directors’ service agreements.


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Sam Pinder was outstanding. My dispute was incredibly professionally managed to a highly successful outcome. I was informed and consulted at every step of the way and truly felt part of the process in partnership with Sam and under his professional leadership and guidance.
Client of Sam Pinder
I have dealt with many firms of solicitors in the past and I can honestly say, so-far, I am very happy with Gardner Leader. Currently, I will most definitely use them in the future.
Client of Michael Axe
I can’t recommend Michael strongly enough. He’s by far the best solicitor I have dealt with in all my years in business.
Client of Michael Axe
I am very happy with Gardner Leader! I have dealt with many firms of solicitors in the past and I can honestly say, so-far, Gardner Leader are the best. I will most definitely use them in the future.
Client of Michael Axe
Michael Axe’s franchising expertise and pragmatic attitude resulted in a swift and successful outcome without the need for extensive legislation.
Client of Michael Axe
From start to finish the Gardner Leader team were conscientious and explained everything I needed to know in advance; taking me through each stage of the process. I would recommend Gardner Leader to anyone needing help with personal litigation matters and wouldn’t hesitate to use them again.
Client of Katie Dyson
We have instructed Gardner Leader for a number of varied commissions. Each time, we receive a consistently high standard of service and are made to feel welcomed. The case context and process to resolve the matters are clearly explained at the outset.
Client of Hilary Messer
Hilary Messer from Gardner Leader was a perfect professional, and just who I needed to work with to help defend my claim. She was thorough, informative, had clear expertise and gave good honest professional advice along the way.
Client of Hilary Messer
Andrew took time to listen to the entire history and to understand all our concerns. He then gave clear guidance on the legal aspects of our dispute. Andrew's guidance has been invaluable and should enable us to deal with a very difficult neighbour with more confidence in our actions.
Client of Andrew Shipp
From the outset this company have been not only friendly but professional and efficient, their actions have reassured us at every stage that they are the right choice for us.
Client of Andrew Shipp

Meet the Director, Shareholder and Partnership Disputes Team

Meet the Director, Shareholder and Partnership Disputes Team