Expert Legal Adviser MILTON FIRMAN asks: What is a Company Dispute?

Oct. 27, 2011 - PRLog -- You face a legal problem.  You may have sought advice and felt let down by the system.  Talk of hourly rates and vast fees.  Appointments you have to wait for, and even travel into town.  Delay, uncertainty and worry, lots of worry.  Now Milton Firman turns all of this on its head.

He advises immediately.  He is on call 24/7.  No appointments required.  He will see you at your home.  In the evenings or at weekends.  Fixed fees or no fees at all.  He is fearless and straight talking.  He is an experienced legal adviser, an expert in this field of law and offers advice regarding the best way forward for you.

The Limited Company is a separate legal; entity. Shareholders own the Company whilst the Directors make the day to day management decisions. Even minority shareholders are protected by the law. The primary objective is "the interests of the Company".

Directors are at risk. They must always act in the best interests of the Company. They must be keenly aware of any conflict of interest. They must be aware of their "fiduciary duty" towards the Company i.e. in other words they must be trustworthy. If not, the consequences can be serious. The Director can be on the receiving end of an application under the Companies Disqualification Act to disqualify him from acting as a Director.

Though a Director is not generally personally liable as he is NOT the Company, just an officer of the Company. However, if he is guilty of misfeasance, he can called upon to meet a debt personally. It can be a very narrow line between acceptable and unacceptable.

So far as Directors are concerned, they musy look to the Articles of Association to establish they exact right. This, in effect, is the rule book by which the Company is bound - the Constitution.

The shareholders can intervene if they believe the Company is not being run properly and have rights to inspect the books and accounts of the Company.

If there is an impasse between shareholders, then application if necessary needs to be made to the Court, leading even to a Petition for Winding up of the Company on the basis that it is "just and equitable" to do so.

There is much scope for disagreement, but there are remedies offered by the Law. You need to be informed.

For more information, here is the deal.  Call Milton on 0161 485 1100 or 07909 900449 at any time or him at milton@miltonfirman.co.uk

Write to him at 24 Byrom Street, Altrincham WA14 2EN.

He will always be pleased to speak to you at any time.  In confidence.  With confidence.

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