Exit rights of minority shareholders in a private limited company
Einde inhoudsopgave
Exit rights of minority shareholders in a private limited company (IVOR nr. 72) 2010/3.3.9.5:3.3.9.5 Breach of statute
Exit rights of minority shareholders in a private limited company (IVOR nr. 72) 2010/3.3.9.5
3.3.9.5 Breach of statute
Documentgegevens:
mr. dr. P.P. de Vries, datum 03-05-2010
- Datum
03-05-2010
- Auteur
mr. dr. P.P. de Vries
- JCDI
JCDI:ADS405227:1
- Vakgebied(en)
Ondernemingsrecht (V)
Deze functie is alleen te gebruiken als je bent ingelogd.
The issue of shares can also form a breach of statutory rights, namely the violation of pre-emption requirements as laid down in S. 561 CA 2006. The violation of statutory rights can also form in itself unfürly prejudicial conduct as referred to in S.994, although trivial infringements will not suffice as a ground.1
An example of a case in which the violation of statutory rights constituted unfürly prejudicial conduct is Re a Company (No. 00789 of 1987) ex p. Shooter.2 The company concerned was controlled by a majority shareholder who was also chairman and secretary of the board of directors. For several years, the company did not convene and hold annual general meetings and did not prepare annual accounts. Barman J put that this conduct was unfürly prejudicial to the other members of the company.