What is the dispute?
Shareholder disputes may concern dividends, board appointments, access to information or cooperation. The assessment starts with the articles of association, shareholder agreements, resolutions and financial position.
Negotiated solutions
Where a deadlock arises, negotiation or mediation may offer a sustainable solution. Arrangements could address governance, information rights, valuation and a transfer of shares.
Proceedings and remedies
Inquiry proceedings before the Dutch Enterprise Chamber are subject to statutory standing and substantive requirements. Where appropriate, the court may order an inquiry and interim measures, including an interim director.
Legal assessment
The statutory shareholder dispute-resolution regime also provides routes for exit or compulsory transfer under distinct conditions. A disagreement does not automatically justify judicial intervention.
Practical preparation
It is important to define the desired outcome, assess the evidence and urgency, and consider how a share transfer could be funded.