Our expertise

Litigation between partners and corporate officers

Partnership or corporate officer conflicts pose significant threats to a company's stability, yet they are often overlooked during the initial drafting of the articles of association, partners' agreements, or corporate mandates.
Conflicts between partners or corporate officers can introduce instability within a company, often catching stakeholders off guard during the initial drafting of foundational documents such as articles of association, partners' agreements, or the corporate mandate.

To address these challenging situations, AGUERA AVOCATS's team of specialised expert lawyers stands ready to provide invaluable assistance in crafting and implementing effective tools that facilitate the resolution of conflicts, disagreements, and deadlock scenarios.

Whether through amicable negotiations or, if necessary, legal proceedings (including summary proceedings, merits assessment, expert appraisals, and appeals), AGUERA AVOCATS will guide you throughout the entire process, from court referrals to pleading hearings:
  • Management expertise;
  • Appointment of an ad hoc representative;
  • Judicial dismissal of directors;
  • Appointment of an expert for the valuation of company shares;
  • Challenge to the grounds or conditions of dismissal of a corporate mandate;
  • Legal dissolution of the company;
  • Liability action against directors.
The experience and complementary knowledge of the members of its teams provide you with cross-disciplinary expertise and enable AGUERA AVOCATS to advise your company and its managers on the establishment of corporate mandates (compliance with the rules on the non-accumulation of mandates, compliance with the conditions for the accumulation of corporate mandates/employment contracts, clauses on the termination of mandates and the conditions for indemnifying corporate mandates) or on the termination of such mandates (fair grounds, compliance with the adversarial process).
In addition, the transfer of companies and shares gives rise to a great deal of litigation.

AGUERA AVOCATS assists you in post-sale disputes:
  • Enforcement of shareholders' agreements;
  • Litigation concerning asset and liability guarantees: judicial execution, contestation of the conditions of implementation (liability action, forfeiture of guarantee);
  • Post-acquisition litigation of a business.
Finally, during the life of the company or at the time of the opening of a collective procedure, the liability of the directors may be engaged.

AGUERA AVOCATS advises you and defends you in the context of these disputes
  • Liability action against directors: by partners, the company or third parties (infringement of laws and regulations, mismanagement, violation of statutory provisions);
  • Sanctioning of directors of companies admitted to collective proceedings: action to cover liabilities, personal bankruptcy, prohibition to manage.
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