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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22809
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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There is a lot to this situation but I will just bullet

Customer Question

My name is*****
There is a lot to this situation but I will just bullet point some things,
2014 company formed
There are two registered shareholders
There is an agreement drawn up for the 4 actual share holders to be held by the companies lawyer,
There is no contrabution when the asset was trading except by me,
Everyone else claimed to have no money or time I worked in and personally supported the business for 11 months of trading,
Then the share holders and directors wanted to sell the business,
They tried to get me to Sighn the business over to them I declined as there were no figures and I didn't know what was happening with the sale and finances,
They pressured me to sell by continuing not to help with expenses and working in conjunction with the land lord to get me out,
On the shareholders agreement I held 33% of the shares but in the companies office I only held 25%
The other director held 75% they said to me the could do whatever they wanted as they control the majority of the shares,
I then tried to request the share holders agreement along with the company records from the company lawyer,
I went to the lawyers office first thing in the morning to obtain the company records I met with him and he said he had to go through and organise them and to come back After lunch,
I arrived back at aroumd 1 pm I was told by the lawyer that I was not entitled to the records as I was no longer a director or shareholder,
I then looked at the company office and I had been removed as a shareholder and a director,
I was shocked,
I put an injunction on the sale of the business using a lawyer,
Then in conjunction with the land lord they arranged a statutory demand for unpaid rent and locked me out of the business,
They then waited to go to court with the forfeiture of the lease looming and creditors to pay,
We presented an offer to buy the Bisiness they wouldn't allow me to purchase,
On the day in court we both presented offers to purchase the business as they were aware of my offer they simply put in a better offer,
They then reinstated my share as I accused them of stealing them at they then sold the business to there friend and continued to trade 3 months later they removed me from the companies register as a share holder,
They never followed through with anything they offered to do in front of the judge,
The business is now transferred back into the company's name that I had shares in and is now for sale for double the price,
It is my company selling it and my name on the lease with the other director,
They have blatantly ripped me off and I'm broke still finically crippled by there Dishonest dealings
I can prove all of this and much more,
When I was removed as a director and shareholder there was no meetings no orders by a judge I didn't Sighn anything they just stole them,
Can you help ?
Submitted: 10 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 10 months ago.

In the shareholders agreement were they obliged to sell the shares at market rates? Have they paid you for the shares? Your claims against them would be under the shareholders agreement. Does this have a mediation clause?

Customer: replied 10 months ago.
The shareholders agreement went to the company lawyer who was instructed by the ghost director who was also a shareholder to look over before it was sighned,
It has never come back from the lawyers but the lawyer now holds shares in my company on behalf of the ghost director,
They have not paid for the shares they also owe me $60000 dollars for wages as I worked in the business,
Can someone buy sell or transfer shares without approval or process involving the owner of those shares ?
Expert:  Chris The Lawyer replied 10 months ago.

You should instruct a lawyer to bring claims for the lost wages and for payment for your shares. You may want to consider starting with commercial mediation to see if you can negotiate an exit however,

But shares cannot normally be transferred without your consent

Customer: replied 10 months ago.
The asset is currently on the market and is being sold by the company that I was removed from without my consent,
And also my name is ***** ***** lease still,
I am getting a friend to get this information from the real estate agent,
It is on the market for $600000 and I should be entitled to some of that,
Expert:  Chris The Lawyer replied 10 months ago.

If there is a substantial amount of money at stake, and you believe that it is likely to be withheld from you, it would be possible to get an injunction to freeze the sale proceeds. But I would suggest you need an experienced commercial litigation lawyer to get this underway as soon as possible

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