Oppression And Related Remedies
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Oppression And Related Remedies
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Author : Markus Koehnen
language : en
Publisher:
Release Date : 2004-01-01
Oppression And Related Remedies written by Markus Koehnen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Corporation law categories.
"Oppression and Related Remedies" is the definitive one stop shop for shareholder litigation. It avoids case summaries and provides a coherent, principled analysis of the factors that lead courts to one line of cases or the other by highlighting conflicting case law and analysing it. This comprehensive guide also provides detailed analysis of burgeoning related areas such as directors' liability and takeover bid litigation.
Bharat S Law Practice Relating To Oppression Mismanagement
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Author :
language : en
Publisher:
Release Date : 2021
Bharat S Law Practice Relating To Oppression Mismanagement written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Corporation law categories.
Bharat S Law Practice Relating To Oppression Mismanagement
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Author : K. R. Chandratre
language : en
Publisher:
Release Date : 2009
Bharat S Law Practice Relating To Oppression Mismanagement written by K. R. Chandratre and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Corporation law categories.
The Oppression Remedy
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Author : David S. Morritt
language : en
Publisher:
Release Date : 2004
The Oppression Remedy written by David S. Morritt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Corporation law categories.
The Oppression Remedy
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Author : Dennis H. (Dennis Hugh) Peterson
language : en
Publisher: Department of Continuing Legal Education, Law Society of Upper Canada = Barreau du Haut-Canada
Release Date : 1994
The Oppression Remedy written by Dennis H. (Dennis Hugh) Peterson and has been published by Department of Continuing Legal Education, Law Society of Upper Canada = Barreau du Haut-Canada this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Corporation law categories.
Minority Shareholders Remedies
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Author : A. J. Boyle
language : en
Publisher: Cambridge University Press
Release Date : 2002-01-17
Minority Shareholders Remedies written by A. J. Boyle and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-01-17 with Law categories.
A. J. Boyle assesses the state of English company law on minority shareholders' remedies from historical, theoretical and comparative perspectives in this important addition to Cambridge Studies in Corporate Law. He analyses the reforms of the UK Law Commission, which have been further appraised and amplified by the work in progress of the Company Law Review Steering Group. The book covers the common law actions by exception to the Rule in Foss v. Harbottle, and the statutory remedies by way of petition for unfair prejudice and/or just and equitable winding up. As well as considering the complexities of derivative actions and statutory minority remedies, Boyle discusses directions for minority shareholders' remedies. This book will be of interest to academics and practitioners in company and corporate law, particularly in the UK, US, France and Germany, as well as throughout the Commonwealth.
Statutory Remedies For Oppression Mismanagement In Companies
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Author : L. C. Goyle
language : en
Publisher:
Release Date : 1990
Statutory Remedies For Oppression Mismanagement In Companies written by L. C. Goyle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Corporation law categories.
Dealing With Dissent And Oppression Actions And Remedies
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Author : Vimal Kotecha
language : en
Publisher:
Release Date : 2007
Dealing With Dissent And Oppression Actions And Remedies written by Vimal Kotecha and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Actions and defenses categories.
Minority Shareholders Rights And Remedies
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Author : Margaret Chew
language : en
Publisher:
Release Date : 2017
Minority Shareholders Rights And Remedies written by Margaret Chew and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Minority stockholders categories.
Should Statutory Oppression Remedies Apply To Unit Trusts
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Author : Ari Braham Bergman
language : en
Publisher:
Release Date : 2014
Should Statutory Oppression Remedies Apply To Unit Trusts written by Ari Braham Bergman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
This thesis analyses the case for amendments to be made to the Corporations Act 2001 (Cth) ('the CA') to afford Australian unitholders the same rights of recourse as Australian shareholders under statutory oppression remedies. Australian unit trusts and companies operate under similar commercial conditions, and the types of disputes that arise concerning shareholders and unitholders are comparable. However, there are distinct structural differences between unit trusts and companies that affect the legal principles that apply to such disputes. Given these differences, the unit trust structure may not adequately protect the interests of the venturers if the business relationship breaks down.One of the most common forms of dispute in such circumstances involves allegations of oppressive conduct. For companies, Part 2F.1 of the CA (which contains the statutory oppression remedies) can provide effective relief to oppressed shareholders. In contrast, unit trusts are predominantly subject to traditional trust law principles, which lack tailored oppression remedies that shareholders enjoy under Part 2F.1. In particular, this thesis demonstrates that the grounds for securing relief under trust law principles are more difficult for oppressed unitholders to establish. Even where such grounds are successfully established, the remedies available are often inadequate to provide substantive and effective relief to unitholders.Notwithstanding the CA has only limited jurisdiction over unit trusts (especially private unit trusts), oppressed unitholders have sometimes sought relief under Part 2F.1 in an attempt to access more effective remedies than those available under trust law. While a number of earlier decisions determined unitholders are entitled to relief under Part 2F.1, it is argued that the judicial grounds used to support such relief are debatable, therefore the status of the law remains unclear. In addition, several recent court decisions have rejected these earlier findings. Such contradictory decisions expose the abstruseness of the legislation in this area. Therefore, with inadequate protections against oppression afforded to unitholders under trust law, it is submitted there is a strong argument for legislative reform, ideally by extending the rights of unitholders to access statutory oppression remedies under Part 2F.1 of the CA.