ARTICLE
29 December 2017

When Shareholders Can't Get Along

CW
Clark Wilson LLP

Contributor

Clark Wilson is a multifaceted law firm based in Vancouver, BC with a strong track record of being highly integrated into our clients’ businesses. Known for our industry insight, entrepreneurial culture and strategic networks, we actively seek to connect our clients with the people, resources and solutions they need to succeed.
Many privately owned businesses have more than one owner. This can be beneficial to a business, but it also poses its own problems.
Canada Corporate/Commercial Law

Many privately owned businesses have more than one owner. This can be beneficial to a business, but it also poses its own problems. Sometimes one or more of the parties realizes that the partnership is not working which leads to dissention and conflict. What options are there for individuals facing this scenario?

If the partners had entered into a shareholder agreement, that agreement would likely contain a provision specifically designed for partnership disputes. This provision is commonly called the "shotgun clause". The legal term for this provision is "compulsory buy out" and it is intended as a means of separating shareholders who are not getting along. The shotgun clause can be an effective way of avoiding litigation and providing a clean split between the warring parties.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More