Disputes related to the Companies Act are also among the major services which our firm focuses on.
Our firm has a wealth of experience in all types of litigations related to the Companies Act, including litigation seeking dismissal of directors; pursuing liability of directors such as companies’ actions to enforce liability of their directors, shareholder derivative lawsuits and third parties’ litigations pursuing liability of directors for damages; litigations challenging the validity of resolutions by board of directors and shareholders; litigations challenging the validity of issuance of new shares or share options; litigations challenging the validity of organizational restructurings, such as mergers, company splits and share exchanges; litigations seeking the inspection and copying of shareholder registers and accounting books; and litigations seeking corporate dissolution and those confirming shareholder rights.
In practice, it is extremely important to file provisional remedies, such as provisional dispositions, prior to or in parallel with litigation. Our firm has developed a system and organizational capability that enable prompt and flexible responses by leveraging our extensive knowledge and experience in Companies Act and civil provisional remedies and others. Our firm has a lot of experience in commercial provisional dispositions, including suspension of the issuance of new shares, suspension of the execution of directors’ duties, appointment of person to perform directors’ duties in their stead, injunction against directors’ acts in violation of laws and regulations, prohibition of the exercise of voting rights, prohibition of holding shareholders meetings and resolutions, and provisional dispositions to secure the status of directors.
In addition, we respond to a variety of non-contentious cases, such as a petition for permission to convene a shareholders meeting by a minority shareholder, a petition for an appointment of an inspector on convening procedures for a shareholders meeting, and a petition to determine the sale price of shares. Recently, our firm has been taking charge of a case in which a petition for the appointment of an inspector of execution of operations, which is extremely unusual in practice, has been approved.