EXPERTISE
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EXPERTISE The Corporations Act and Corporations Management Disputes
The Corporations Act and Corporations Management Disputes
BLP provides the highest level of legal services based on the vast experience of our partners, who were former Judge of Special Trial Divisions of courts and former partners of large law firms.
We represent listed and unlisted companies in disputes relating to corporate law, M&As, and corporations management rights in particular. Disputes arising under the Corporations Act and disputes concerning management rights generally arise at various stages of the transaction and in complex forms. Potential issues relate to external transaction relations, corporate financing, transfer of stocks, shareholder rights, resolutions of the CEO and the board of directors and various legal obligations that may arise thereunder, convocation of the general meeting of shareholders and resolutions adopted at the meeting, various criminal issues related to the Criminal Act and the Financial Investment Services and Capital Markets Act that may come to light in the process of each transaction, and the attack and defense of management rights. This is a field that requires the services of experienced attorneys; at BLP, our partners will provide creative legal solutions to our clients’ most challenging problems.
We advise on a wide range of corporate matters in this field, including:
- MOUs and agreements formed in the process of M&As, and civil and criminal disputes that may arise in connection with those agreements
- All transaction-related disputes arising from transactions between Korean and foreign companies
- Transfer of stocks of corporations, name changes, confirmation of shareholder rights
- Shareholders’ litigation
- Litigation related to requests for convocation of the meeting of the board of directors and the general meeting of shareholders, procedures, and exercise of shareholder rights
- Various preservation measures (such as, an injunction to stop the holding of the general shareholders' meeting, an injunction to temporarily suspend the effectiveness of the resolutions adopted at the general shareholders' meeting, and an injunction for presentation of agenda at the general shareholders’ meeting, etc), and defense against such measures
- Litigation related to the exercise of voting rights, such as injunctions to suspend the exercise of voting rights, injunctions to permit the exercise of voting rights, etc.
- Litigation related to cancellation, non-existence, and confirmation of invalidity of resolutions of the Board of Directors and of the shareholders
- Litigation regarding the duties and responsibilities, appointment, dismissal, and suspension of duties of directors, CEOs and auditors
- Actions to suspend directors' duties, preliminary injunction for designation of representative director and defense against such actions
- Claims for damages against employees (including third-party companies, CEOs, directors, and auditors)
- Exercise of minority shareholders rights, such as injunctions to read account books, requests for convocation of temporary shareholders' meetings, etc., and defense against such actions
- Disputes related to corporate management and corporate governance
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