FREQUENTLY ASKED QUESTIONS (Q&A)
HOW DOES COMPANY LAW PROTECT MINORITY SHAREHOLDERS?
Being outvoted isn't the same as being powerless. The law gives minority shareholders real weapons — protection against oppressive conduct, the right to challenge decisions that unfairly prejudice them, and enforcement of the shareholders' agreement. We use every one of them. If you're being frozen out, we make sure you're not frozen out quietly.
WHEN CAN DIRECTORS BE HELD PERSONALLY LIABLE UNDER COMMERCIAL LAW?
The company isn't a shield. Directors answer personally for breach of fiduciary duty, for personal guarantees on company debt, and for trading recklessly while insolvent. If a director crossed that line, we hold them to account. If you're a director being unfairly accused of crossing it, we defend you just as hard.
WHAT DOES A BREACH OF FIDUCIARY DUTY ACTUALLY INVOLVE?
It's simple: a director putting themselves first and the company second — self-dealing, hidden conflicts, decisions made for personal gain instead of the business. These cases are won and lost in the financial detail. We don't outsource that detail. We own it.
WHAT IS A DERIVATIVE ACTION, AND WHEN IS IT USED?
When directors fail and the company can't act for itself, shareholders can. A derivative action lets them step in and pursue reckless trading, fraud, or breaches of fiduciary duty on the company's behalf. The bar is high — courts filter out weak claims before they get anywhere. We build ours to clear that bar.
CAN A SHAREHOLDER DISPUTE BE RESOLVED WITHOUT GOING TO COURT?
Sometimes. But waiting to find out can cost you the leverage to get there. Oppressive conduct, valuation fights, breaches of the shareholders' agreement — we push hard for a fast, fair resolution. The moment negotiation stalls, we're ready to litigate. No hesitation.
WHAT HAPPENS IF DIRECTORS ARE DEADLOCKED OR THE BOARD CAN'T AGREE?
Deadlock doesn't pause the damage — it accelerates it. If the shareholders' agreement or MOI can't break the impasse, litigation will. We move immediately, because every day a company sits paralysed is a day value is being destroyed.
WHY DOES FINANCIAL ANALYSIS MATTER IN A GOVERNANCE OR SHAREHOLDER DISPUTE?
Because these fights live in the numbers — valuations, loan accounts, where the money actually went. Strategy without financial analysis is just guesswork with a legal letterhead. We don't guess. We read the numbers ourselves and build the case on what they prove.
