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The Commercial Code states that a company is formed by the union of several people with a common and lucrative purpose. The problem comes when one of these people stops serving the common purpose and starts working towards his own purpose, different from the others, or decides to leave in a non-peaceful way. From our experience, in these situations, taking measures to prevent and solve this detrimental behaviour as soon as possible is key for the company and for the partners. It is important to carefully evaluate the situation and to know the extent of the problem to see if it can be solved, and if it can not be solved, to know the best way out for the defaulting partner (once he has compensated the damage caused), or if It best to look for our own exit with due compensation.

How to proceed?

Firstly, we must be aware that, although the existence of problems between partners is common, a graceful exit in these situations is not a simple matter and requires a lot of skill and experience. Just one wrong move can lead to the company not being able to continue with its activity, and, consequently, lose our investment and our chances of recovering what we have in common with the partners. In ALCAZAR, our Partner Conflicts department analyses the situation from a multidisciplinary viewpoint, with the intervention of experts in corporate law, procedural law, and, when necessary, with counselling from independent experts who audit the accounting of the company to analyse any possible lost funds or damages caused. Our work is not limited to designing the strategy, it also includes our participation and preparation of partners meeting, negotiation, preparation of agreements, and legal representation in legal proceedings.

How to avoid these situations?

Through Partner Agreements, the Partner Conflicts Department of Alcazar Abogados not only offers solutions to existing corporate problems, but also aims to prevent these issues from happening. The preparation of Partner Agreements is key towards protecting the company from any problems that could possibly arise, ensuring the continuity of corporate activity and reducing the impact of these problems. It is convenient to establish the rules of the game before the problem appears, because that allows us greater objectivity when we treat the problem. In the Partner Conflicts team, given our experience in these types of situations, we enjoy a great success rate dealing with these issues throughout Spain, with no geographical limitation. You can contact us through the contact form or by calling 952 00 55 24.

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