NSW Directorship/Shareholder private company

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Knightmare

Well-Known Member
17 February 2016
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I'm a director and shareholder of a family business along with two other brothers. Unfortunately one of them has become delusional and is under psychoanalysis. I assume he cam be removed as a director but can his shareholdings be acquired as well? Tks
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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You can't force him to sell his shares or take them from him. He can willingly do it so long as he has sufficient mental capacity. If he doesn't, or it's in doubt that he does, any negotiations will need to be done with his lawful guardian.
 

Rod

Lawyer
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27 May 2014
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Agree with Rob. Just because someone has mental health issues there is no right to strip them of their assets.

If you don't have a shareholder's agreement covering this eventuality then he keeps his shares.