If you are a minority shareholder in a company and also facing false accusations of a crime (like theft or harassment), it’s important to understand both your corporate rights and criminal defense rights. Here’s a complete guide to protecting yourself in both situations:
1. Your Rights as a Minority Shareholder
Minority shareholders (those owning less than 50% of a company's shares) are legally protected to ensure they are treated fairly by majority shareholders and company directors. Your core rights include:
a. Right to Access Information
- You have the right to inspect the company's financial records, meeting minutes, shareholder registers, and other important documents.
- This promotes transparency and accountability.
b. Right to Vote
- You can vote on major company decisions, including mergers, acquisitions, or changes to company bylaws.
c. Right to Dividends
- If the company declares dividends, you are entitled to your proportional share based on your ownership percentage.
d. Right to Protection from Oppression
- Laws protect minority shareholders from unfair, prejudicial, or oppressive conduct by majority shareholders.
- You can file an "oppression suit" if your rights are violated (such as being unfairly removed, your shares being diluted, or your interests being ignored).
e. Right to Sue for Mismanagement or Breach of Duty
- You can initiate a derivative lawsuit against company directors or officers if they engage in misconduct, fraud, or mismanagement harming the company.
f. Right to Fair Value in Buyouts
- If your shares are forcibly bought out (e.g., during mergers), you have the right to demand fair market value.
2. What to Do If You Are Falsely Accused of a Crime
If someone falsely accuses you of theft, harassment, or any crime — whether related to company disputes or personal matters — take the following steps:
a. Stay Silent and Get an Attorney
- Do not try to "explain" things to HR, directors, or law enforcement without a criminal defense lawyer present.
b. Demand Proof
- False accusations must be backed by real, admissible evidence. Without credible proof, no legal action can succeed.
c. Gather Your Defense Evidence
- Keep records of your communications, transaction histories, meeting notes, surveillance videos, or witnesses supporting your innocence.
d. Prepare Legal Defenses
Typical defenses include:
- Lack of Evidence: Showing the accuser has no real proof.
- Alibi: Proving you weren’t involved in the alleged incident.
- Mistaken Identity: Demonstrating that someone else committed the alleged act.
- Malicious Intent: Exposing ulterior motives (like corporate rivalry, retaliation, or coercion).
e. Protect Your Corporate Interests
- If the false accusation is used to try and remove you unfairly from company management or ownership, work with both a corporate lawyer and a criminal defense lawyer to fight back.
3. Key Immediate Actions You Should Take
✅ Stay calm and avoid retaliatory behavior.
✅ Hire an experienced criminal defense attorney and, if needed, a corporate lawyer.
✅ Document everything: accusations, meetings, emails, and any threats.
✅ Demand transparency from the company regarding any internal investigations.
✅ Protect your shares and corporate rights through proper legal channels.
Important Reminder:
➡️ As a minority shareholder, you are legally protected against oppression and wrongful exclusion.
➡️ As a falsely accused person, you are presumed innocent until proven guilty, and you have every right to clear your name through the legal system.
