Q&As

If someone is a 50% shareholder of a company, would the Company’s bank statements fall within their custody, possession and control for the purposes of disclosure in relation to a dispute to which the Company is not a party?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk

Published on: 10 April 2025

A company is an independent legal entity, separate from its shareholders and directors. The directors have day to day control over the management and running of the company, and usually therefore access to bank accounts and statements (though in larger companies this may be restricted to certain directors). Shareholders have ultimate control of the company by way of a General Meeting but ordinarily do not in that capacity have access to bank accounts and

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Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).