Legal boutique - Legal pilot


What is corporate conflict?

There are many definitions of corporate conflict. However, to avoid overloading the theoretical calculations, we define the following:

Corporate conflict - a clash of interests of the partners among themselves or with a third force on the ownership and / or business management and, ultimately, control over the company's assets (real estate, cash flows, patents, etc.)

When building or adjusting business strategy, it is necessary to take into account the vulnerability of business in corporate conflicts. Who underestimate the risks and consequences of corporate conflicts that could lose the entire business, and even more ...

The emergence of corporate conflicts.

It is impossible to enumerate all konfliktogeny causing corporate conflicts, but we must understand their basic underlying causes:

  • Dissatisfaction with the amount of minority rights management company or the size of dividends.
  • The expansion of majoritarian "squeezing" of minority shareholders of the company.
  • Claims of so-called "third force" in the management of the company or its assets.

In most cases, the signs of impending corporate conflict is obvious to the parties. However, often, by omission or inconsistency of the parties, the situation is brought to the "corporate war".

It is necessary to turn the special attention on position of is the major key in corporate conflicts. Frequently, is the major key, considering the positions solid, are inactive or accomplish fatal errors, lead to the partial or complete loss of control above business.

It is extremely necessary to understand that it is simpler to warn any conflict drastic measures, what to liquidate already blazing up corporate war. Moreover, localization of present corporate conflict can be already simply economic inadvisable.

Scheme, an origin and variants of end of corporate conflicts can be designated as follows:

In the above-mentioned chart only friendly corporate absorptions are not a conflict. However, such end can be rather named the western model of permission of conflict of interests. For Russian practice «military permission» of dispute is more characteristic still. Until now basic principle in acquisition of business in Russian FEDERATION is such: «Business stands exactly so much, how many it is necessary to inlay in his violent alienation».

What to do, that your business not taken away?

It is impossible to give recommendation on all of cases of life, it is needed only to pay a regard to universal principle: «you want the world - prepare to war!»

We provide the following services:

  1. comprehensive analysis of the situation in the corporate conflict;
  2. Determination
  3. balance of power in corporate conflict;
  4. Identify strengths and weaknesses of the positions of the conflicting parties;
  5. Recommending to uphold their rights;
  6. Participation in negotiations with its opponents;
  7. Representation at general meetings of shareholders / participants;
  8. Legal examination of large transactions and related party transactions for compliance with applicable laws. Development of recommendations to challenge such transactions;
  9. support in opposing greenmail (greenmail);
  10. Advice to initiate criminal proceedings against persons who infringe the rights of shareholders / participants. Representative in law enforcement.
  11. representation in the courts in disputes arising out of:
  • illegal possession of shares and change of ownership (exclusion) of shares (shares) of the company;
  • violation of preemptive rights;
  • infringing on the rights for an additional issue;
  • rights violations to participate in general meetings;
  • rights violations in the introduction to the documents of the company;
  • challenge of large transactions and related party transactions;
  • change the board of directors;
  • CEO change;
  • changes to the registry;
  • change of ownership of real estate;
  • relationship between the shareholders / members and the executive body of the enterprise;
  • relationship with the registrar, with respect to information storage.
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