I am seeking legal advice regarding a dispute between directors which is preventing the company from operating properly, most urgently in relation to opening a new company bank account with all directors authorised. Company background Three directors One director holds 75% of the shares Two directors (myself included) collectively hold 25% No shareholders’ agreement is in place Primary issue – company banking The company’s existing bank account has been closed by the bank under clause 13.2 of its terms. We have been informed that correspondence was sent to the majority shareholder only. Due to a complete breakdown in communication, the majority shareholder is refusing to engage or cooperate, which means we are currently unable to open a replacement company bank account with all directors properly authorised. This is now preventing the company from receiving income, managing funds, and operating lawfully. Related concerns Jointly owned HMO property (licensed for 6 rooms) Ownership mirrors shareholding (75% / 25%) All directors are personal guarantors on the mortgage Rental income records appear to show only 4 tenants No transparency regarding full rental income or confirmation that mortgage payments are being maintained Our concerns Exposure as personal guarantors Risk to credit ratings Inability to access or control company funds Possible breach of directors’ fiduciary duties Lack of minority protection in the absence of a shareholders’ agreement Advice requested We would welcome your advice on: Our rights and remedies as minority shareholders Steps available to address director obstruction Legal mechanisms to enable the opening of a new company bank account Whether formal correspondence should be sent, and if so, the appropriate form and tone
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