Shareholders have unique and vital roles in a corporation, considering their investments allows the business to operate and flourish. Depending on their shares, they can influence the company’s direction by exercising their rights appropriately. These obligations can also enable them to take legal action concerning disputes arising from severe issues within the corporation involving directors, officers, third parties, or other shareholders. If valid, they can file lawsuits to protect themselves, their investments and the corporation.
One of the options they can take is filing a shareholder derivative suit. This type of lawsuit can address disputes, depending on their nature and circumstances. To do so, they must have a valid reason to file the lawsuit. Shareholders might only be able to sue if another party, such as the corporation or someone within the organization, refuses a cause of action.
What makes a derivative suit different?
Typically, shareholders file direct lawsuits to recover compensation for damages because of the corporation. On the other hand, derivative suits allow one or more shareholders to sue a party on behalf of the corporation. It protects the organization and the shareholder’s interest in the business. It is often applicable when a director or officer causes the corporation to suffer losses, such as making false statements, manipulating information and other forms of misconduct.
Knowing how to address shareholder disputes
Although corporations can have internal procedures to address shareholder disputes, it might only be effective to some extent. Shareholders always have the option to file lawsuits, primarily if the incident resulted in significant losses. Still, they should do so with proper legal guidance to help them navigate the process properly and resolve issues that may arise along the way.
