Dealing with & Eliminating Minority Shareholders - Part 1
- Podcast Location:
- Download it here [file size: 31.3 MB]
- Part of:
- Corporate Litigation Bundle - CPD Training Bundle
- Categories:
-
Company Law
- CPD Points:
- Up to 1 point. details »
Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:
Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)
Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)
Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)
- Cost:
- a) £69+VAT for this CPDcast only
- b) £325+VAT for unlimited access to all of our podcasts. details »
- c) Discounts for multiple users - call +44 (0) 20 3377 3901 now to speak to our sales team
- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
Part 1 of this mini-series aims to set out the source of a member’s rights vis a vis the company and the other shareholders – whether from statute, the company’s constitution, contractual provision or arising informally. This is then followed by a discussion of the main mechanisms by which these rights might be protected, how a minority holding might be eliminated and a summary of the various options for how this might be achieved (explored in more detail in Part 2). Part 1 of this mini-series concludes by starting to explore the various mechanisms by which a minority holding might be eliminated using the statutory drag procedure and the various issues that might arise in so doing.
- Outcomes:
- After completing the course you will:
- Understand the principle sources of shareholder rights;
- Understand the means by which minority shareholder rights might be protected and enforced;
- Understand the key differences between unfair prejudice petitions, derivative claims and personal actions;
- Understand the main drivers for eliminating minority shareholders and be aware of the principle means by which this can be achieved;
- Understand the statutory ‘drag-along’ provisions that enable the majority to overrule the minority and how they work in practice;
- Understand the respective advantages and disadvantages of this method of managing minority shareholders.
- Level:
- Specialist
- Classification:
-
Legal Principles
Panel Discussion
Practical Guide
- Sources and References:
-
- Companies Act 2006 s 260, 994,;
- Gambotto v WCP Ltd (1995) 182 CLR 432;
- Re Bugle Press Ltd [1961] Ch 270 90.
In this two-part CPDcast mini-series, barristers from Erskine Chambers discuss minority shareholders; their rights, how they can be managed and even eliminated if they become a source of opposition against the majority holding.
Podcast added: 21/09/11
