Avoiding Disputes: Private Company Shareholder Agreements and Articles of Association
Category: Company Law & Insolvency | Date: 24/05/2023 14:30 | Duration: 1hr | Tag: ATSUK23D2S5 | Type: Webinar | Speaker: David Impey
Course Details
Practitioners frequently have to comply with shareholder agreements and articles of association, or even draft or advise on them, so it's important to understand how the courts interpret these documents to get it right - particularly as a number of recent court decisions have come as a surprise to advisers. This presentation will set out the courts' approaches in different circumstances, flag up both perennial problem areas and some recent shock rulings and provide guidance to help you navigate through the difficulties.
During this session David Impey will cover the following topics:
- How courts interpret articles and shareholder and other agreements
- The basic rules
- Are they different for articles v shareholder agreements?
- When the courts will imply terms
- Implied duties of good faith
- The rise of ‘relational contracts’
- Where are we now?
- Discretions in articles – implied duty of good faith/Braganza
- Other recent disputes and how they could have been avoided
By attending this course you will be better equipped to ensure your clients understand what their agreements and articles mean, and to spot potential problems and issues in them, so you can head legal disputes off early.
This session will be of most interest to General practitioners advising one-person, small, family and other private trading companies.
Course Level: Intermediate
CPD Course Speaker
Company Law Solicitor
David Impey
David Impey is a company law solicitor, professional services marketer, writer, and lecturer. His specialities include company law, professional services marketing, strategic planning and implementation, and interactive e-marketing.
As well as specialising in company law, David also works with law firms and other law businesses, helping them with strategy, and marketing, and majoring particularly on overcoming barriers to implementation of strategic and marketing plans and tactics
From 2008 to 2014, he led and worked on a major project for the UK Intellectual Property Office, through Atom Content Marketing (formerly BHP), building and developing an online IP HealthCheck resource that helps small and medium-sized businesses to identify, protect and commercially exploit their intellectual property.
He also worked in-house for 14 fun and profitable years for leading services provider Jordans, becoming Marketing Director responsible for developing, managing and marketing its service and product range. Particularly, he led significant projects to commoditise UK and overseas ‘factory’ professional services and promote them into the UK and other legal markets.
David lectures in the UK and overseas on both UK company law and professional services firm strategy and marketing.
As well as specialising in company law, David also works with law firms and other law businesses, helping them with strategy, and marketing, and majoring particularly on overcoming barriers to implementation of strategic and marketing plans and tactics
From 2008 to 2014, he led and worked on a major project for the UK Intellectual Property Office, through Atom Content Marketing (formerly BHP), building and developing an online IP HealthCheck resource that helps small and medium-sized businesses to identify, protect and commercially exploit their intellectual property.
He also worked in-house for 14 fun and profitable years for leading services provider Jordans, becoming Marketing Director responsible for developing, managing and marketing its service and product range. Particularly, he led significant projects to commoditise UK and overseas ‘factory’ professional services and promote them into the UK and other legal markets.
David lectures in the UK and overseas on both UK company law and professional services firm strategy and marketing.