Resolving governance disputes

As professionals dealing with companies in difficulty, insolvency practitioners are also called upon to intervene in cases of governance disputes between partners and/or managers.

There are several possible solutions. An ad hoc mandate or a conciliation procedure provide the appropriate framework for resolving a conflict and may lead to the conclusion of a memorandum of understanding where appropriate.

In the event of major difficulties in the day-to-day management of a company, insolvency practitioners may be asked to take on the task of provisional administration, in order to remedy management shortcomings and assist the company in structuring a new form of governance.