Boardroom Disputes Issue ICSA Solutions

Unless you have a very small and/or cohesive board, it is highly likely that at some point disagreements will occur between the various board members. The purpose of this guide is to assist you in navigating the various potential stages of a dispute and to highlight the various legal considerations you need to bear in mind when considering what action to take.

Authors: Rowena Herdman-Smith, Kevin McCarthy, Saul Sender

Unless you have a very small and/or cohesive board, it is highly likely that at some point disagreements will occur between the various board members. The purpose of this guide is to assist you in navigating the various potential stages of a dispute and to highlight the various legal considerations you need to bear in mind when considering what action to take.

This guide considers the legal nature of a company and considering the balance of power; the practical steps to establish the scope of the issue and what your options are; the scope of conflicts of interest and how they need to be addressed as a matter of law; what considerations you need to bear in mind when deciding what course of action you should follow; the possible mechanisms for finding a solution to the disagreement, and the possible consequences should the disagreement escalate.

Includes the following customisable materials:

  • Extracts from the model articles for a private company limited by shares
  • Sections 171-8 and 182-183 of the Companies Act 2006

To purchase this guide, please click here to access the ICSA website.

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