Miami Partnership And Shareholder Dispute Attorneys
Disagreements over financial management, decision-making or contract terms can threaten the stability of your joint company. Florida business owners facing partnership or shareholder disputes need strategic legal solutions to protect their interests and investments.
De Armas & Arriete, LLC, a Miami-based law firm, provides direct and practical legal representation, helping ensure that your rights as a business owner remain protected. With 25 years of combined experience, we have what it takes to successfully resolve complex business disputes across South Florida.
Common Partnership And Shareholder Disputes We Handle
We handle cases involving:
- Management conflicts: Disagreements over leadership roles and business strategy
- Financial mismanagement: Issues related to improper use of business funds or failure to distribute profits fairly
- Breach of fiduciary duty: When a partner or shareholder acts against the company’s best interests
- Contract violations: Disputes over partnership agreements or shareholder rights
- Minority shareholder oppression: When controlling shareholders engage in unfair treatment or exclusion
Seeking our lawyers’ guidance early on can help prevent costly litigation and long-term damage to your company.
The Importance Of A Strong Partnership Agreement
A strong partnership agreement addresses the following:
- Ownership structure: Clarifies each partner’s percentage of business ownership
- Decision-making processes: Defines how major business decisions will be made
- Profit and loss distribution: Outlines how earnings and debts will be shared
- Exit strategies and buy-sell agreements: Determines what happens if a partner wants to leave or sell their share
- Dispute resolution methods: Include mediation or arbitration clauses to avoid court battles
We can help draft or revise documents to help ensure your interests are safeguarded.
How We Can Help
With 25 years of combined experience in Miami, our lawyers bring a wealth of knowledge and experience to partnership and shareholder disputes. We offer negotiation to settle matters peacefully. If litigation is needed, we fight for you in court. We also assist with business valuations to help ensure fair outcomes.
Partnership And Shareholder Disputes FAQs
Below are answers under Florida law to guide you through disputes:
What role will a law firm/attorney play in my shareholder/partnership dispute?
An attorney reviews your partnership agreement, corporate bylaws and financial records to identify breaches of duty or violations of Florida law. They negotiate with other parties to seek fair solutions, often through mediation before litigation. If a settlement is impossible, they will represent you in court to enforce your rights.
How can I protect my interests during a dispute, and what are my rights and obligations?
Start by documenting every interaction, including meeting notes, emails and financial decisions. Florida courts prioritize written evidence. Avoid public discussions about the conflict, as this could harm the business or weaken your position. You also have specific rights under state law, such as inspecting corporate records or petitioning for business dissolution if the dispute causes irreparable harm.
What are my obligations to the other partners or shareholders during a dispute?
Florida law requires partners and shareholders to act in good faith, even during conflicts. This means avoiding deliberate actions that harm the business or other parties. You must also uphold fiduciary duties by prioritizing the company’s interests over personal gain. Existing agreements, such as roles or profit-sharing terms, remain legally binding until formally amended.
What are some common mistakes that partners or shareholders make during a dispute, and how can they be avoided?
Ignoring the terms of your partnership agreement or corporate bylaws can lead to personal liability. Delays in addressing the dispute are risky – for example, breach of fiduciary duty claims in Florida typically have a four-year statute of limitations. Destroying records may result in court penalties or damage your credibility. Attempting to negotiate without legal guidance often leads to unfavorable outcomes, as emotions or lack of legal knowledge can cloud judgment.
Contact Us
De Armas & Arriete, LLC, is accessible 24/7 via email, and we return calls within 24 hours for urgent legal matters. Call 786-600-4437 or fill out our online form to discuss your case in our Miami office.