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Practice area
Commercial and company law
In commercial matters, contracts, company records, invoices, commercial books and correspondence are reviewed together. Corporate procedures and dispute resolution options are planned by reference to those records.
Services provided
- Formation of limited liability and joint-stock companies and amendments to articles of association
- Share transfers, capital increases and shareholders' agreements
- General meeting and board procedures, and proceedings for annulment or nullity
- Commercial receivables claims and mandatory pre-action mediation
- Disputes concerning unfair competition and the protection of commercial reputation
- Withdrawal or expulsion of shareholders and dissolution of companies
Common circumstances
My invoices remain unpaid.
Current account, invoice and delivery records are reviewed. The appropriate sequence for enforcement proceedings, mediation and litigation is assessed.
I am in dispute with another shareholder.
The articles of association, share records and general meeting resolutions are reviewed; a share transfer, withdrawal from the company or litigation is considered.
I want to challenge a general meeting resolution.
The substance of the resolution and the procedure by which it was adopted are reviewed to assess annulment or nullity. The period for an annulment claim is short.
Process
How a matter generally progresses
Commercial receivables claim: Creditor company
Review of records
Invoices, delivery notes, contracts, current account statements, payment records and correspondence are reviewed together.
Mandatory pre-action mediation
For commercial claims seeking payment of a sum of money, an application to a mediator is made before proceedings are issued.
Issuing proceedings
If mediation does not result in settlement, proceedings are issued before the competent court and the parties exchange written submissions.
Examination of evidence
Where necessary, commercial books and records are examined by a court-appointed expert, and the parties' other evidence is considered.
Judgment and recovery
Following judgment, the available appeal process is assessed and judgment enforcement proceedings are conducted to recover the sum awarded.
These outlines show the general stages only. The competent authority, sequence of steps and available remedies in a particular matter depend on its facts.
Questions
Frequently asked questions
Can a commercial receivables claim be issued directly?
For commercial receivables and compensation claims seeking payment of a sum of money, applying to a mediator before issuing proceedings is a procedural prerequisite. Enforcement proceedings may be commenced without a prior mediation application.
How is a share in a limited liability company transferred?
The transfer agreement must be in writing and the signatures notarised. Unless the articles of association provide otherwise, general meeting approval is required; the transfer is entered in the share ledger and registered with the trade registry.
Contact details
You may contact us by telephone, email or WhatsApp.
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