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GOVERNANCE CRISES 
DISPUTES BETWEEN SHAREHOLDERS AND/OR SENIOR EXECUTIVES

Alyanakian Avocats has extensive experience in litigation and corporate law advice to senior management, shareholders and key executives in the following contexts:

  • amicable or judicial resolution of conflicts between shareholders and/or managers

  • advising and defending shareholders in the exercise of their right to information or their powers; minority assessments, challenging irregular and/or abusive corporate decisions

  • negotiation of optimised shareholder exit processes as a crisis solution;

  • civil and criminal liability of corporate officers;

  • termination of corporate mandates and related documentation;

  • negotiation, drafting or exercise of non-competition clauses for corporate officers and shareholders

  • negotiation and drafting of shareholders' agreements; management of shareholders' agreements following private equity transactions: control and execution of transfers between shareholders;

 

In all these areas, the firm favours and promotes, where possible, the use of all alternative dispute resolution methods, in particular mediation.

In terms of potential governance crises, mediation is a very effective tool for anticipating crises or deadlocks in which management structures and shareholders, particularly investment funds or family offices, sometimes find themselves:

  • redefining and adjusting the exit agendas of reference or minority shareholders, and even senior executives;

  • renegotiation of shareholder agreements in consideration of the hidden or insufficiently defined objectives and interests of reference shareholders

  • redefinition of governance rules;

  • "exit frome above" of shareholders;

  • "exit from above" of corporate officers and senior executives (shareholders or not).

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