How can I defend myself as a shareholder against unfair practices of other shareholders?
July 7, 2022 | 40,00 EUR | answered by Otto König
Dear lawyer,
I am Max Zornitz and I am a shareholder in a small GmbH. Lately, I have noticed that some of my fellow shareholders are acting unfairly and trying to disadvantage me. For example, important information has been hidden from me, decisions have been made without consulting me, and profits have not been fairly distributed. These unfair practices not only strain the trust within the company but also jeopardize my stake in the business.
I am concerned that this situation could escalate further and would like to know how I, as a shareholder, can defend myself against such unfair practices. Are there legal steps I can take to protect my rights as a shareholder and uphold my right to be heard? What legal options do I have to address the unfair practices of the other shareholders?
I want to ensure that I am treated fairly and that my interests as a shareholder are upheld. Therefore, I seek your support and advice in finding a solution to this challenging situation. Thank you in advance for your help.
Sincerely,
Max Zornitz
Dear Mr. Zornitz,
Thank you for your inquiry and your trust in my expertise in the field of corporate law. I am sorry to hear that you are confronted with unfair practices by your fellow shareholders and are concerned about your rights as a shareholder. In a GmbH, all shareholders have certain rights and obligations that are legally defined and must be adhered to.
First and foremost, it is important for you to be aware that as a shareholder of a GmbH, you have certain rights to participate and information rights. These include, for example, the right to access the company's books and business documents, the right to attend and vote at shareholders' meetings, and the right to a fair share of profits. If these rights are denied to you or if you feel you are being treated unfairly, there are various legal options available to you to address the situation.
One possible measure to defend yourself against unfair practices by other shareholders is to initiate a shareholder dispute. In such a dispute, you can assert your claims and, if necessary, enforce them in court. It is important to seek legal advice to best represent your rights. An experienced attorney specializing in corporate law can help you protect your interests and find a solution to the difficult situation.
Furthermore, you should check whether your articles of association or the GmbH's bylaws contain provisions for conflict resolution and dispute settlement. These provisions often specify how disputes between shareholders can be resolved and what steps to take in case of disagreements.
In any case, I strongly advise you to seek legal advice promptly to protect your rights as a shareholder and find a fair solution to the situation. I am happy to assist you in my online consultation hours to further discuss your questions and help you enforce your claims.
Sincerely,
Otto König
Attorney specializing in corporate law
