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Safe and successful management of economic activities significantly depends on the availability of effective means to protect the rights of participants in corporate relations. However, it is not uncommon for disagreements and misunderstandings to arise between partners during joint business operations, leading to corporate disputes. Such disputes also develop when the interests of business owners, managers, and shareholders diverge or were not settled in advance. Often, one party to the conflict abuses their rights, which can result in the company’s bankruptcy, hostile takeover, or unfriendly acquisition.

Corporate law is a field with a limited number of experienced lawyers and attorneys due to the complexity of corporate disputes and the large volume and imperfections in the legislation governing corporate relations. Therefore, to succeed in a corporate conflict, it is essential to engage true professionals with practical experience in resolving complex corporate disputes, as the outcome often determines the fate of an entire business—a lifetime endeavor.

Legal support for resolving corporate disputes includes, among others, the following types of cases:

  • Challenging decisions made by governing bodies of a company, including those related to the creation, operation, management, or liquidation of the company; exclusion of a participant; or redistribution of ownership shares among participants.
  • Appointment, election, dismissal, or termination of the powers of individuals within the company’s governing bodies.
  • Takeover of a company through manipulation of corporate rights (raider attacks, hostile acquisitions).
  • Buying and selling corporate rights, including transferring buyer’s rights and obligations in cases of breach of a participant’s preemptive right to purchase a share in the company’s authorized capital; invalidation of agreements on the alienation of shares in the authorized capital.
  • Compensation for the value of a company’s property shares and profits.
  • Contesting the provisions of a company’s charter.
  • Challenging decisions on the issuance of shares and other securities.
  • Violation of the right to receive timely and full dividends.
  • Challenging transactions with affiliated parties or significant agreements.
  • Recovery of damages caused by the actions of company officials.
  • Challenging registration actions, including the registration of property and property rights; invalidation of acts violating property rights if such claims are derivative from corporate disputes.
The specialists:
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Anna Vinnychenko managing partner, attorney

Practice experience: 19 years
Specialization:  litigation support, tax, customs and antitrust practices, agricultural law, IT and M&A

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Nosik Bogdan attorney

Practice experience: 21 years Specialization: support of economic, civil, labor and administrative disputes, energy

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Yarovy Artem attorney

Practice experience: 11 years Specialization: tax, customs and corporate disputes, support of inspections, contractual activities

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Olena Novoselska lawyer

Practice experience: 6 years
Specialisation: business and civil law, tax and customs practice, corporate law, registration and reorganisation of business

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Melnichenko Sergiy lawyer

Practice experience: 11 years Specialization: support of economic, civil, labor and administrative disputes, inspections

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Our Advantages:
SPECIALIZATION One of the main areas of activity of the "WinnerLex" law firm is resolving economic disputes, as our team's goal is to create conditions for running your business without legal barriers.
EXPERIENCE The team at "WinnerLex" has extensive experience successfully resolving a large number of economic disputes of various categories and complexity levels.
PROACTIVITY We anticipate possible threats and protect against potential risks.
COMPETENCE By monitoring current changes in the legislation governing business activity and reviewing the latest judicial practices in economic courts, combined with our accumulated experience in supporting economic disputes, we apply a comprehensive and always up-to-date approach when resolving economic disputes.
PROFESSIONALISM Our specialists have many years of experience in providing legal support to medium and large businesses, so we understand your needs better than anyone else and have sufficient experience to successfully resolve even the most complex legal issues of our clients.
OPERATIONALITY "Quick legal assistance" in case of any legal problems.
Attorney's Advice:

If a decision or the procedure for adopting such a decision violates the requirements of legislation or the company’s charter, a shareholder whose rights or legally protected interests are violated may challenge the decision in court within three months from the date it was made.

A participant in a limited liability company may demand, through the court, the transfer of the buyer’s rights and obligations to themselves if their preemptive right is violated. The statute of limitations for such claims is one year.

These must be convened at the request of shareholders (or a shareholder) holding 10% or more of the voting shares as of the request date. The written request must be submitted to the company’s executive body and include the names of the requesting shareholders, grounds for the meeting, and the agenda. A decision to refuse such a meeting may be appealed in court.

An extraordinary general meeting of the joint-stock company must be convened at the request of shareholders (a shareholder) who, on the day of submission of the request, collectively own 10 percent or more of the voting shares. The request for convening an extraordinary general meeting is submitted in writing to the executive body at the company’s address, indicating the names (names) of the shareholders requesting the convening of the extraordinary general meeting, the reasons for the convening, and the agenda. A decision to refuse the convening of an extraordinary general meeting of shareholders may be appealed to the court by the shareholders.

Measures to secure a lawsuit must not violate the rights of other shareholders (participants) of a business entity who are not parties to the dispute. In particular, except in cases provided by law, the prohibition on taking actions should relate only to shares or corporate rights directly connected with the subject of the dispute. At the same time, securing a lawsuit in disputes arising from corporate relations by prohibiting the following is not allowed:

  • – holding general meetings of shareholders or participants of a business entity and making decisions, except for the prohibition of making specific decisions determined by the court, which are directly related to the subject of the dispute;

 

  • – the issuer, custodian, or depository from providing the register of holders of registered securities, information about shareholders or participants of the business entity for conducting general meetings of the company;

 

  • – participation (registration for participation) or non-participation of shareholders or participants in the general meetings of the company, determination of the quorum of the general meetings of shareholders or participants of the business entity;

 

  • – state authorities, local self-government bodies from performing the powers vested in them by law, except for the prohibition of making specific decisions determined by the court, performing specific actions directly related to the subject of the dispute.

Disputed decisions of the general meeting of the company’s participants, made in connection with the conclusion of a purchase agreement for a share that has been terminated, regarding the exclusion of the plaintiff from the list of the company’s participants, the distribution of shares in the company’s authorized capital, and the corresponding amendments to the Charter concerning these actions, are subject to being declared invalid.

 

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