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CASE STUDY.
Lawyers involved in the project:
The factoring company financed sales invoices for photovoltaic equipment. The factoring debtors financed turned out to be "bush companies", based in virtual offices, insolvent. The remaining (reliable) factoring debtors showed no turnover.
A company affiliated with the factor and the group was listed on New Connect and issued bonds. Due to the "boom" in photovoltaics and RES, the company is operating more and more rapidly. There was a current report of a new investor coming in to recapitalize the company. This is obviously a huge opportunity for existing shareholders. An analysis of the shareholders' operating history suggests that they may be linked by an undisclosed written or oral agreement to acquire shares in a public company, or to vote in concert at a general meeting or to carry out an ongoing policy toward the Company (known as acting in concert).
The client acquires the company's shares and, already a legitimate shareholder, calls on the company's majority shareholders and the listed company itself for an explanation of acting in concert and a possible unlisted agreement. If the undisclosed agreement is found to exist, shareholders face the sanction of invalid voting rights and financial penalties.
A few days after the aforementioned call, the claim is paid in full.
