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Exclude a shareholder

Prepare breakdown, breach of fiduciary duty or damaging conduct as grounds for exclusion.

Why this focus matters now

When cooperation has broken down permanently, excluding the co-shareholder is often the only way to save the company. It requires cause and is often achieved through court.

Critical clause and conflict points

Evidence, compensation adequacy, going-concern planning and the question whether a preliminary injunction is needed in parallel are critical. An exclusion without careful preparation fails in the valuation dispute.

How to prepare

For the exclusion action, you need a chronological documentation of the breakdown events, the current articles, evidence of fiduciary duty breaches and an estimation of the expected compensation.

Review checkpoints

Prepare cause with concrete facts and evidence.
Review the compensation clause and set the valuation date.
Plan the continuation of the company after the exclusion.
Plan security and liquidity for the compensation payment.

Frequently asked questions

Is a single incident enough for exclusion?

Only if it destroys cooperation permanently. Usually a chain of incidents is required.

Must the company pay compensation immediately?

Not necessarily. Instalments and valuation method follow from the articles and the court decision.

This information is initial orientation and does not replace legal advice in an individual case. No deadline, success or cost guarantee.