How a Computer Software Business Hired a Lawyer to Draft a Shareholder Agreement in New York

Yes, a minority shareholder can be compelled to sell their shares under certain conditions outlined in a shareholder agreement. These agreements often include provisions that address scenarios in which a minority shareholder might be required to sell their shares. Some of these key provisions include Drag-Along Rights and Buy-Sell Agreements.

I'm so sorry about this situation! The answer is yes. Under California law, a breach of contract occurs when one party fails to fulfill a legal duty the contract created and causes damages for the plaintiff. (California Civil Jury Instructions Number 303.) The measure of damages is the amount that will compensate the aggrieved party for all the detriment caused thereby or likely to result therefrom. (Cal. Civ. Code § 3300.) The law generally allows you to suspend your performance, much like if you stop paying your cell phone bill, your account is cut off. Also, any contract entered into after January 1, 1986 that does not stipulate the legal rate of interest, the obligation shall bear an interest rate of 10% per year after the breach. (Cal. Civ. Code § 3289.) This applies regardless of whether the agreement was written or done orally. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. You have some options you can explore: You may want to consider just writing a formal demand letter. You can find it here - https://www.contractscounsel.com/t/document-form-checkout/119 You can file a lawsuit in your local court. If you’ve already sent a bunch of letters, then the truth is this is the only way to compel them to do anything. Best of luck! Dolan