Every New Jersey Shareholder is a Fiduciary to Their Fellow Shareholders

HNWBusiness Law, Shareholder Rights Litigation

By Fredrick P. Niemann, Esq. a NJ Shareholder Lawsuit Attorney

As a shareholder of a New Jersey corporation, it is important to understand your fiduciary obligations. All shareholders throughout the state owe a reciprocal fiduciary duty to other shareholders within their corporation. Fiduciary duty means an obligation to act with trust, confidence, loyalty, and good faith, to be honored at all times.

New Jersey law allows for legal action to be taken by any co-shareholder who is the victim of a breach of fiduciary duty by his or her fellow shareholder. These types of claims arise if a shareholder, typically the majority shareholder, operates the business in a manner that is detrimental to the minority shareholders of the corporation. For example, majority shareholders cannot operate the company and its business merely for their own personal gain. All decisions by majority shareholders on behalf of the business must be made in good faith and must be made purely in the best interests of the corporation and all its shareholders.

It is important that all shareholders understand that the fiduciary duty of good faith and fair dealing requires honesty and transparency. Majority shareholders must provide adequate and complete information regarding business decisions to all minority shareholders. If they give false, misleading, or intentionally inaccurate information, they can be subjected to a claim for breach of their fiduciary duty. When a shareholder brings a breach of fiduciary duty claim questioning a corporate transaction where majority shareholders gained a significant profit, the burden of proving that the transaction was fair and equitable falls on the majority shareholder.

Contact me personally to discuss your NJ Shareholder matter. I am easy to talk to, very approachable, and can offer you practical, legal ways to handle your concerns. You can reach me toll-free at (855) 376-5291 or email me at fniemann@hnlawfirm.com/.

Previous PostNext Post