Commercial Non-Contentious Litigation
Kitahama Partners has a strong track record in the field of commercial non-contentious litigation.
We have experience in: (i) cases of petition for election of inspector of general shareholders meeting; (ii) cases of petition for election of inspector of execution of operations; (iii) cases of petition for permission to review or copy board of directors meeting minutes; (iv) cases of petition for election of temporary directors; and (v) cases of petition for determination of share purchase price.
Particularly in regard to cases of petition for election of inspectors, we recognize that inspectors play a role demanding considerable expertise in the Companies Act and painstaking responsiveness against a background of disputes and other important matters related to controlling interests, and our firm has a strong track record of having been elected as inspectors numerous times by the commercial divisions of courts. Examples include cases in which we were elected as general shareholders’ meeting inspectors when the director election amendment motions were approved.
In addition, in regard to petitions for election of inspectors of execution of operations, we have handled cases in which, as inspectors of execution of operations, we have found clear illegality in the execution of operations by directors of the companies.
Finally, in regard to cases of petition for determination of share purchase price, the appropriate handling in the fields of corporate valuation or share price valuation cannot yet be considered to have been settled by courts, and in this field, our firm has a strong record of activity as company and shareholder representatives, and has advanced assertions and evidentiary proof based on cutting-edge legal theories while drawing on the support of experts in corporate valuation, achieving impressive results through these efforts. We are home to many attorneys with employment experience at securities firms and exchanges, and on the basis of that experience, we have also created systems for the optimal handling of cases where corporate valuation or share valuation is at issue.