Dispute resolution between shareholders: exclusion of a shareholder and withdrawal from a company (bvba or nv)
In case of conflicts between a company’s shareholders there is a dual dispute resolution procedure.
- Exclusion of a shareholder: shareholders who jointly hold more than 30% of the shares of a bvba or nv are legally allowed to request a transfer of shares from another shareholder. This may happen, for example, when the conduct of the latter shareholder is not in the best interest of the bvba or the nv. In this case, the shareholder must sell their shares to the one requesting it.
- Withdrawal from a bvba or nv: in the case of withdrawal, one shareholder asks another shareholder to take over their shares, and thus becomes an outgoing partner. Withdrawal does not require ownership of a majority of shares.
This means it is possible to configure a discretionary dispute resolution between the shareholders, but there are always good reasons (accountability towards the other shareholder(s)) necessary to initiate the request for exclusion or withdrawal. The court will make the final decision in this regard. In this case the assistance of a lawyer who knows everything about dispute resolution between shareholders is always welcome. Lossy Advocaten provides advice concerning the rights and obligations of both parties, assists you during any procedures that may take place, and organises mediation when necessary.