Minority Shareholders' Remedies

By Elizabeth J. Boros | Go to book overview

9
Application of Litigious Remedies to Identified Complaints
1.
1. Introduction220
2.
2. Disregard of Rights221
1.
(1) Enforcement of contractual rights221
2.
(2) Enforcement of statutory rights224
3.
(3) Enforcement of the articles225
3.
3. Alteration of the Articles and Majority Voting226
1.
(1) Unfairprejudice226
2.
(2) Commonlaw227
4.
4. Dilution of Equity Stake or Voting Rights227
1.
(1) Unfairprejudice227
2.
(2) Common law228
3.
(3) Relevance of the articles of association229
5.
5. Self-Interested Transactions by Controllers231
1.
(1) Unfairprejudice231
2.
(2) Commonlaw237
3.
(3) Section 1324 of the Corporations Law237
6.
6. Negligent or Inefficient Management238
1.
(1) Unfair prejudice238
2.
(2) Common law239
a.
(a) Financial competence240
i.
(i) England240
ii.
(ii) Australia240
b.
(b) Delegation241
3.
(3) Section 1324 of the Corporations Law242
4.
(4) United Kingdom reform proposals242
7.
7. Little or No Participation in Profits242
8.
8. Limited Access to Information about the Company's Affairs245
1.
(1) General statutory rights245

-218-

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Minority Shareholders' Remedies
Table of contents

Table of contents

  • Title Page iii
  • Preface v
  • Acknowledgments vi
  • Contents vii
  • Abbreviations viii
  • Table of Cases xi
  • Table of Statutes xxxvii
  • Regulations and Statutory Instruments *
  • Part I - The Problem 1
  • I - Introduction 3
  • 2 - Common Complaints of Minority Shareholders 5
  • Part II - Prevention 11
  • 3 - Self-Help in Listed Companies 13
  • Contents 13
  • 4 - Self-Help in Quasi-Partnership and Joint Venture Companies 63
  • Contents 63
  • 5 - Self-Help in Other Companies 107
  • Part III - Remedy 109
  • 6 - The Oppression/Unfair Prejudice Remedy 111
  • 7 - Winding Up 166
  • Contents 166
  • 8 - Common Law Relief 183
  • Contents 183
  • 9 - Application of Litigious Remedies to Identified Complaints 218
  • Contents 218
  • 10 - Compulsory Acquisition 260
  • Contents 260
  • Part IV - Conclusions 317
  • II - Overview and Conclusions 319
  • Contents 319
  • Index 331
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