Shareholders who invest in a company have certain rights. They attend regular meetings where they receive non-public information about the company. They can sometimes vote to help guide the future of the organization. They also have a right to receive a share of profits in the form of dividends when the company has a good quarter.
Unfortunately, shareholder disputes can quickly undermine the financial benefits derived from investing in an organization. Sometimes, one party with a majority stake in the company or a coalition of other investors take steps to freeze out or squeeze out minority shareholders. They attempt to force those with smaller investments to sell their stock back and give up their interest in the company.
What are some of the warning signs of a potential freeze out targeting minority shareholders?
Denied meeting access
Technically, all eligible shareholders should have access to shareholder meetings. They should be able to attend and vote with other shareholders. Unfortunately, freeze-out attempts sometimes involve literally locking minority shareholders out of a meeting.
Security professionals at the building might deny shareholders access to the meeting. Other times, those attempting to coordinate a freeze out may suddenly change the location or timing of a meeting without notifying all interested parties. Such tactics can lead to major company moves without the input of minority shareholders.
A refusal to provide dividends
Occasionally, publicly-traded companies with shareholders have profitable quarters, and yet they deny their shareholders dividend payments. Barring unique language in a shareholder agreement, such moves can be a manipulative attempt to push out minority shareholders.
By delaying dividend payments or refusing to issue payments, the management at the company or those with the majority stake in the business can undermine how valuable shareholders status is to minority shareholders.
Some people decide to sell their shares when facing freeze-out efforts. They don’t want to end up embroiled in a lengthy legal battle or to deal with stressful conflict. However, shareholders denied an opportunity to vote, turned away from meetings or prevented from receiving their dividends still have rights. They can potentially take legal action, possibly by banding together in response to the freeze-out efforts.
Initiating shareholder litigation can sometimes lead to a change in company practices or appropriate compensation for shareholders denied dividends previously. A review of a shareholder agreement and the circumstances that look like a freeze out can help investors determine how to respond to inappropriate company conduct.