Shareholder remedies : a consultation paper
著者
書誌事項
Shareholder remedies : a consultation paper
（Consultation paper / The Law Commission, no 142）
Stationery Office, c1996
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内容説明・目次
内容説明
"Shareholder Remedies" deals principally with proceedings brought by shareholders to reinforce the rights of companies and their own personal rights. Shareholders may want to take action on behalf of a company, for example when the directors use the company's assets for their own purposes. A shareholder may want to bring proceedings to enforce a personal right to vote at a general meeting. Those are situations which could occur in businesses of any size. This consultation paper examines litigious and contractural methods of dealing with these and other disputes in all types of companies.
目次
- A shareholder's personal rights arising from the company constitution
- other circumstances in which a shareholder can bring a personal action
- A shareholder's right to bring an action on behalf of the company
- restriction on member's ability to bring actions on behalf of the company
- procedure and costs in respect of actions on behalf of the company
- introduction and history of sections 459-461 of the Companies Act 1985
- relationship with just and equitable winding up
- substantive requirements for unfair prejudice remedy
- remedies available under Section 461
- procedural matters
- The Companies Act 1985
- The Insolvency Act 1986
- deficiencies in the present law and the approach to reform
- summary of provisional recommendations
- a new derivative action
- case management by the courts of shareholder proceedings
- a new additional unfair prejudice remedy for smaller companies
- articles of association
- other reforms
- summary of the provisional recommendations and consultation issues.
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