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Defense Against Unfair Dilution of Shareholdings

In corporate litigation, the available rights and remedies turn on provable facts and the governing corporate documents. A capital increase can change control and economic percentages. The legality of the decision and its business purpose must be examined.

What to keep in mind

Check meeting procedure, issue price, pre-emptive rights, contribution records and treatment of each shareholder.

A formally approved issuance may still be challenged if statutory rights or anti-abuse limits are violated.

Distinctions often confused

Economic dilution is not necessarily unlawful; the legal basis and conditions determine the remedy.

Frequently asked questions

Can an existing shareholder prevent every capital increase?
Not automatically; statutory and bylaw protections must be considered.
What if new shares are issued at an unfair price?
Valuation, approvals and potential prejudice should be assessed promptly.

Informational content. It is not a substitute for professional advice.