Like any other business dispute, conflicts between shareholders can arise, ranging from insignificant to substantial ones. Therefore, when you decide to sell shares in your company, you must know how these disputes occur. Sometimes the business grows such that tension arises about where the business will go. Sometimes, the professional relationship between shareholders may break over money and power. Other shareholders may claim to have been thrown out by others. The company owner needs to know how to resolve any dispute that arises among the shareholders. Here are important ways of preventing and managing disputes among the shareholders.
- Provide Clear Articles of How Shareholders Associate
It is crucial to ensure your company has articles that define the association of the shareholders and their agreements. These articles act as points of reference when there is conflict within the company. They define the obligations of each shareholder and how shares will be transferred under different circumstances. These documents dictate the agreements and regulations that shareholders must comply with. Therefore, they will come in handy when conflict arises.
- Define Clear Rules of Transferring Shares
It is also crucial to set rules on the transfer of shares. A conflict may arise if there are no rules or a shareholder sells their shares to another party that is not cooperative. It is essential to set rules on how the shareholders can leave your company and how they can transfer their shares to another person. This way, it is easy to solve any conflict involving the transfer of shares.
- Keep Records
Record keeping is a critical element when dealing with shareholders. The records clarify agreements and decisions made over time. Keeping records is a legal requirement that companies with shares must meet to ensure every agreement is documented. Without the records, shareholders may differ on what was decided, which is why records must be there for reference. Keeping the records also helps strengthen the solutions. For instance, if a company acts in a way that a shareholder disagrees, records can show what was agreed, and the party is in the wrong. It is crucial to have a reliable share registrar Singapore to keep the registry and details of each shareholder. Once you have accurate documents, it is easy to solve conflicts.
- Keep the Interest of the Company at Heart
Once you start selling shares, you and the shareholders must act with the company’s interests at heart. The company brings them together and enables them to make profits. Therefore, neither the company owner nor the shareholders should act in their interests. When the company shares are at risk and shareholders question the integrity of transactions, it is advisable to outsource a legal advisor like Sangfor to help solve these disputes. The advisor helps evaluate if the decisions are based on the company’s interests.
- Define How Finances are Distributed
Many shareholder conflicts arise when there is a disagreement on how finances will be shared. It includes dividends and salaries. For example, suppose the company has not provided dividends to the shareholders for some time. In that case, shareholders may believe that funds are being exorbitated, making it hard to manage the dividends and salaries. Therefore, it is vital to have clear guidelines on how finances are distributed in your company.
- Follow the Rules
In addition to maintaining proper documents, it is also crucial to ensure every party follows the in-house rules of the company. This means assigning the right and reliable person to write minutes in meetings. Essential documents must also be assigned to reliable company managers who will securely store the documents.
- Provide Clear Communication
Communication is key to preventing and managing any conflict in business. Therefore, the management and shareholders must avoid misunderstandings. In a scenario where conflicts arise, it is crucial to maintain communication early and solve the issue before it escalates. Early communication prevents costly solutions that come with solving substantial conflicts.
- Get a Legal Advisor
Talking of a legal advisor… a company needs to seek legal advice when conflicts threaten the company’s financial and overall health. Seeking help early enough helps manage the disputes, so they do not happen. Even if hiring a legal advisor is expensive, it is better and worth the damage that comes with the conflicts.
- Define the Inputs and Outputs
There may also be conflict when there is a question of existing relationships in the inputs and outputs of shareholders. For example, a shareholder may have invested a lot of time and money but only get a few dividends. Another way might have invested almost nothing but gains heavy profits from the company. This kind of indifference raises conflicts where some shareholders may want those who do not invest a lot to exit the business. It is vital for the company to offer transparency on how shareholders earn profits in the company and why these profits differ.
- Instill Insolvency Rules
If the company’s financial health is not promising or problems with the shareholders has pushed the company to a failing edge, conflicts may arise. The company manager must have insolvency rules. These rules dictate how assets will be distributed and debts paid. Therefore, if the company is draining and shareholders start to raise issues because of the uncertainty, insolvency rules will help remove these disputes. The shareholders with the most significant influence in the company may help solve such disputes and take over as directors because of their inputs.
Conclusion
In companies that hold many shareholders, shareholders can vote on significant decisions that affect the company. These decisions must be respected and applied in the company’s best interests. When disputes arise, the company and the shareholders must come up with a streamlined way of solving these disputes. Unfortunately, shareholder disputes tend to affect smaller corporations unless there is an effective way of solving them. The best way to prevent these disputes and manage them when they happen is to ensure the shareholders, and the company has an agreement that guides them. Therefore, if you own a company that sells shares, ensure you have the aspects mentioned above to help prevent and manage any disputes that may arise.
