Description

This new edition of Shareholders’ Rights provides guidance for readers on the statutory remedies for the protection of minority shareholders with coverage/guidance also of articles of association and shareholders’ agreements; the fiduciary duties of directors; restrictions on the power of the majority under general principles of equity and the principles of partnership law (such as good faith) which have been adopted in company law.
The 1st Supplement was published in October 2018
The Main Work was published in December 2016
Main Features:
Explains the rights of minority shareholders and offers guidance on statutory remedies available to them when their rights have been  breached
Sets out  the key broad principles governing the rights of an individual shareholder and the balance of power between the majority and the minority i>Uses the principles throughout to provide a framework for in-depth explanation of different aspects of law and practice
Examines shareholder agreements
Details the fiduciary duties of directors in relation to shareholders
Considers the balance of power between majority and minority shareholders and examines restrictions placed upon the powers of majority shareholders
Takes into account the principles of partnership law, such as good faith, which have been adopted in company law
Offers a full analysis of share valuation principles
Goes through the practice and procedure involved when seeking remedies
Provides precedents and guidance to assist in drafting, including a Tomlin order and a ‘Wallersteiner’ costs indemnity order
Reflects all the key recent cases, include decisions which examine the implications on the relationship between the unfair prejudice remedy and derivate claims, and underlying principles of the unfair prejudice remedy