In the realm of family businesses, the term ‘shareholder’ refers to an individual or entity owning at least one share of the company’s stock, thus, a fraction of the company itself. These shareholders can range from external investors to family members who have been granted or have purchased a stake in the business. Within a family business, shareholders are often family members, imbuing their role with a personal stake beyond mere financial investment. They have a voice in major decisions and the potential to influence the company’s direction.
However, the intersection of family dynamics with business operations can lead to complex and emotionally charged disputes. When bitter disagreements arise among family shareholders about the company’s direction, these disputes can threaten both the business’s health and the family’s harmony.
Reasons for shareholder disputes
The reasons will vary, but some common grounds for a shareholder include:
- Divergent Business Visions: Family members may have different ideas about the business’s future, leading to a clash of visions. While some might want to innovate and expand, others prefer maintaining traditional practices or stability.
- Succession Planning: Disagreements over who should lead the company next can create rifts, especially if there is a lack of clear succession planning or perceived favoritism among potential successors.
- Resource Allocation: Disputes often surface over whether profits should be reinvested or distributed. While some shareholders may favor dividends, others argue for reinvestment to fuel growth.
- Personal Relationships: Long-simmering personal issues between family members can spill into the business, affecting decision-making and leading to disputes that are more about family dynamics than business strategy.
- Performance Concerns: Those running the business or involved in its operation may not be as successful or business savvy as someone outside the family hired for the job.
- Compensation: When some family members are actively involved in the business while others are not, disputes may arise over compensating those at the helm.
Litigation may be the only solution
When internal dispute resolution mechanisms fail or the stakes involve potential breaches of fiduciary duty, the aggrieved parties may seek legal redress. Litigation is a step taken when parties believe that their rights as shareholders are being ignored or violated, and it is a way to enforce those rights through a court of law.
While litigation can be a costly and time-consuming process, it often carries the risk of causing irreparable damage to family relationships. Still, resolving the deadlock and protecting the interests of the business and shareholders is often necessary. It should not be a path to be taken lightly, but it can ultimately lead to a clear resolution and a way forward for the business and the family involved.