How to Resolve a Shareholder Dispute in Italy
How to Resolve a Shareholder Dispute in ItalyUpdated on Friday 26th August 2016
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At the incorporation of a company, most of the legal entities require at least one or two shareholders or partners who will associate themselves in a business. Most of the businesses have several shareholders, who can be majority or minority shareholders. This quality provides the rights and obligations of such persons, who, at times, may enter into a conflict which can arise from various reasons, such as dividend matters or disputes arising from the way in which the company is managed. Our team of Italian lawyers can offer legal assistance to persons who are involved a shareholders dispute in Italy.
Legal ways to resolve shareholders dispute in Italy
The local legislation prescribes out-of-court procedures which can be useful in such cases, such as mediation or arbitration. The arbitration is carried out by an independent arbitrator who will provide a solution to the respective issue. As a general rule, the arbitrator is a person who has an extensive experience in the field in which the dispute occurs.
Another alternative dispute resolution method is mediation, which assumes that the parties are seeking to find a reasonable ruling to all those involved in the dispute.
However, various cases should be directly addressed to an Italian court, where the judge will provide a ruling based on the evidence presented by the parties.
Some of the most important rights of the Italian shareholders refer to patrimonial rights and administrative rights and conflicts can arise in these areas as well; our team of Italian attorneys can assist shareholders in conflicts that may appear in this sense.
Types of shareholders disputes in Italy
Shareholders disputs can arise when a provision of the contract was not respected by a party. However, such issues can also appear when a shareholder doesn’t agree on a certain investment decision taken by the other shareholders.
Such disputes can also refer to fraud matters, minority shareholders issues (who have less power in the management of the company) or intellectual property rights matters.
Businessmen interested in receiving more details on the options available in Italy for shareholders disputes can address to our Italian law firm.