Earlier we described how court appointment of an impartial provisional director was no longer available by statute in Georgia for deadlocked boards of “garden variety” profit corporations. (But it is available for both Georgia non-profit corporations, and for Georgia statutory close corporations.) Now it is time to discuss a statutory remedy that is simple and powerful, and available to shareholders of Georgia profit corporations; judicial dissolution. At an impasse? Not getting along with your corporate business “partner” or fellow ... Read More »
Corporate Abuse, Power Struggles, Stalemate – And Dissolution
Find yourself in major disagreements with your corporate business “partner” or fellow shareholder? At an impasse? Worried that your business “partner” may be abusing or even betraying the corporation? Can’t find a way to talk about the disagreements or concerns, much less resolve them? Court-ordered dissolution of your corporation may be where you are headed. In an earlier blog I described how statutory, court-ordered appointment of an impartial provisional director has for decades been unavailable to deadlocked boards of “garden variety” ... Read More »
Step Into What Crossfire?
Business split-ups are often among the hardest experiences that an entrepreneur can go through. Board deadlocks often precede split-ups. A number of states’ laws have provided for what are known as “provisional directors” in case of Board deadlock. Woe to the corporation with an even number of Board members! A provisional director is an independent, neutral third party – a “voice of reason” -- who is willing to become the swing vote on an otherwise deadlocked Board. Like an arbitrator and mediator combined into one. The idea was and is that ... Read More »