Sólstafir at Supreme court of Iceland

Hello friends.
Many of you my non-Icelandic friends have been asking me about news articles in Icelandic that have been floating around Facebook for the last couple of days.
So let me explain.

The Reykjavík District Court dismissed the case that I filed against Aðalbjörn Tryggvason on behalf of Svalbard Music Group ehf. (Ltd.) (see previous blog).
The case was dismissed on a technical formality. I am convinced that the court’s decision is neither right nor just and it’s very narrow interpretation of a certain law provision does not apply.
A board meeting and a shareholder’s meeting the company decided that a) Aðalbjörn Tryggvason was to be released from his duties as the executive director of Svalbard Music Group for his gross misconduct and b) that Svalbard Music Group would sue Aðalbjörn Tryggvason for illegally seizing control over and ownership of the company’s main asset, the trademark Sólstafir and the band’s business, and for hollowing the company out from the inside.
Both the meetings were legally convened and we have receipts that show that both Aðalbjörn and Sæþór Maríus Sæþórsson (an alternate on the board) received the invitations but both of them chose not to show up nor send a lawyer in their stead nor explain their absence in any way. They simply ignored both the meetings.
The Reykjavík District Court finds the fact that they simply ignored legally convened board and shareholder’s meetings makes the conclusion of the meetings illegal for the fact that only half of the board’s members (one out of two) showed up but according to the court’s interpretation more than half have to be present, even though I hold the odd vote as chairman of the board.
This sets a really dangerous example for private companies where there are only two persons on the board, as is very often the case. This simply means that a person can literally hold a private company hostage if he doesn’t like that pre advertised agenda of the meeting (as is required by law) by simply not showing up.

This decision of the Reykjavík District Court totally ignores Aðalbjörn’s gross misconduct and the fact that he hollowed the company out from the inside by using the company’s credit cards to the max but then pocketing all the income himself, leaving the company in debt. One would think that this would be illegal under Icelandic laws adhering to private companies and as stated before this sets an extremely dangerous example for other private companies and therefore we will appeal the case to the Supreme Court of Iceland. More info on that later.

To end this blog I would like to ask you to share this and also think about what you are supporting when you go to a concert or buy merchandise from any band. What kind of behavior are you condoning?

I apologize if any of the legal terms are wrongly translated to English, I am neither a lawyer nor a linguistic expert, only a dude that wanted to make music.

Thank you!
Guðmundur Óli Pálmason

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20 thoughts on “Sólstafir at Supreme court of Iceland

  1. Anoviii says:

    You should stop making lies and putting them in public writing. You will either post this and try to twist this or you will hide it.

    Like

  2. nunatak says:

    i think your writing in public is the best what you can do at the moment (please continue). i know that moment lasts over a year….It`s enough… you have to somehow get out of this hell..if you allow i write you a few words on your email adress in the next days…all the best from the mountains and woods and rocks from austria…stronghold….resist…you are taller than this

    Liked by 1 person

  3. Æþelræd says:

    Hey Guðmundur,

    Let’s first state that I don’t have much knowledge of law, let alone the Icelandic one. However, I do have experience running organisations so I do hope I have something useful to say here.

    With my limited legal knowledge, I’d say that what Aðalbjörn has or hasn’t done, hasn’t any implications whatsoever in this phase. Releasing him from his duties may very well have been justified, but if the meeting itself wasn’t, it matters little.

    You say both Aðalbjörn and Sæþór were invited to the meeting? Are there any other shareholders (board or no board)? And are there any statutes that govern meetings and boards? If there are more shareholders, and they are mostly on your side, you may wish to dismiss both other board members first. If not, do you have the legal right to demand a board/shareholder meeting, and does not complying to such request mean an immediate dismissal from the board? Either your statutes or Icelandic law should state something about that. Otherwise, you may first call a board-less “emergency” meeting (it should in all cases be possible to overrule a board, if enough non-board members agree) in which you dismiss the current board, except yourself. With a new board it should be a lot easier, and it lends a lot of legal legitimacy to its decisions.

    If all of that doesn’t apply, I do fear that it’s indeed a case of whomever gets the most shareholder votes. If the three of you are the only shareholders, then it’s regrettably bad luck for you.

    All that being said, I do hope you can settle this, within court or without. I have always liked your drumming, and IMHO it’s a shame you were fired from the band. I can’t see you playing together again any time soon, so the least I can hope for is for this matter to be finally settled so that all of you can finally go back to making music again (or whatever you do in the meantime).

    My best wishes to you!

    Like

    • I’ve actually explained all these things in previous blogs I believe, but anyway:
      I and Aðalbjörn are the only share holders. Sæþór is simply an alternate on the board, a kind of a stand in that can be called into board meetings if one member can’t come for whatever reason or is not qualified to make a decision on a certain matter (like in this case).
      The meetings were legally convened and neither does Aðalbjörn deny that nor does the court rule otherwise. The Reykjavík District Court finds the fact that they simply ignored legally convened board and shareholder’s meetings makes the conclusion of the meetings illegal for the fact that only half of the board’s members (one out of two) showed up but according to the court’s interpretation more than half have to be present, even though I hold the odd vote as chairman of the board.

      Like

  4. Anthony says:

    The behavior I’m trying to condone is simply that behavior that doesn’t harm anyone. There are metal bands with some trends of hate or guys making shit that I don’t support at all (like that Vikernes wacko, for example).

    When you said Aðalbjörn left a company in debt, this just makes me remember the simple cases of corruption inside a country, or even with small companies. Those people are shit, ruining the income of other people who gives their effort to sustain their living, by working honestly.

    I really wish to see more sources of what’s happening right now, even pronunciations from the other side. But let’s hope this is not over.

    Like

  5. JorJ says:

    Man, your problem will be solved one way or another, soon or later, at supreme court, in the street, around a beer, or in the last case will be solved in your heart or/and mind. Sometimes we win, othertimes we lose, life’s goes on.
    But if you allow me I would like to tell you something. You’re a musician, right? And what do musicians?… make music. And I think… it’s much better for you to do music. Don’t waste your energy on such things, use it for something good for you, use it for music. Create! Compose! Will set you free.
    I don’t know, make something by your own, make a new band. You know better.
    You know, when a musician, a painter, a player, whatever… is good, then is good in any case. He make the music, not music make him. He choose the music, not otherwise.
    In any band exist somebody special, somebody who is the really artist. Without that somebody, that band will be no more… that band. Ever. Remeber The Doors, for example.
    I really don’t know who is the spirit of Solstafir behind the scene, but if was you…. you don’t loose Solstafir…. Solstafir loose you.
    It’s easy to play old songs, even deaf people can do this (joking), but without the spirit you might never play new songs.
    The choice is yours! Be inspired… is the only way to do art.
    Usualy, problems will be solved itself. It takes longer when you push it.
    I have no opinion (positive or negative) about Solstafir or about you. I’m a simple music listener. But in the future, I’ll have an opinion about what Solstafir will do, or you.
    For now I listen Otta (wich includes you), let’s see next year what can I hear from Solstafir, or you, or both. Who knows.
    Cheers! Excuse my english.

    Like

  6. Sam Roberts says:

    Any new updates? I love solstafir, but listening to your music leaves a foul taste after reading how poisonous some members have been. Best of luck with Katla.

    Like

    • The matter seems to be stuck at the Icelandic Patent Office, it has been there for months.
      As for Katla. we are just finishing our debut full-length album and will start looking for labels soon to release it 🙂

      Like

      • Sam Roberts says:

        Awesome I look forward to your new music and a positive resolution to your case.
        I play bass in a band also releasing our debut album shortly, I like to think your music inspired and influenced me and thank you for this. Remember when this passes your lasting impact on the metal and ambient music scene will still be overwhelmingly good. I am thankful for your work past and hopefully future!

        Liked by 1 person

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