The Internicola Law Firm Explains "A Winning Strategy For Minority Shareholders When Faced with Acts of Oppression by Controlling Shareholders"
Online, June 12, 2013 (Newswire.com) - Attorney Charles N. Internicola, author of the "The New York and New Jersey Partnership Dispute" - as a supplement to his book - explains how "fiduciary rights", if used properly, may serve as a winning legal strategy for opposing acts of oppression by majority shareholders.
In his article "Partnership Disputes: Protection for Oppressed Minority Shareholders" reviews what us a growing trend in shareholder and partnership disputes and the fact that majority shareholders are using their "voting control" and "business control" to oppress minority shareholders.
Mr. Internicola reports that "Acts of oppression come in many forms" and, many times, these actions - that are taken by the majority / controlling shareholders - "appear to be legal or at least consistent with the technical terms of the shareholder agreement (if one exists) and the law". However this appearance is only superficial and many times acts of oppression while not easily defined and very real and apparent. These acts of oppression deny a minority shareholder or partner the "true value" of their ownership and equity interests.
So what is the solution for minority shareholders faced with acts of oppression? Well the answer revolves around the "fiduciary duties and rights" that, under New York and New Jersey law, are implied and imputed into every shareholder and partner relationship. "This fiduciary duty requires that with regard to the corporate entity the shareholders / partners act in good faith and to deal fairly with one another. With regard to minority shareholders this fiduciary duty requires that the majority not engage in oppressive actions". When faced with acts of oppression minority shareholders need to know about the fiduciary rights due to them and how these rights may be used in a legal proceeding to rebalance the playing field. To learn more, click here to go directly to the article.
Internicola is the author of "The New York and New Jersey Partnership Dispute Guide", a book about shareholder and partnership relationships and winning legal strategies when faced with a partnership dispute. For those interested in ordering Mr. Internicola's book, click here or call The Internicola Law Firm, PC at 1-800-976-4904.
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Tags: Charles Internicola, Controlling shareholders, Minority shareholder dispute