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Hollington on Shareholders' Rights
Hollington on Shareholders' Rights
8th Edition
Series:  Commercial Series
Practice Area:  Company Law
ISBN:  9780414056237
Published by:  Sweet & Maxwell
Publication Date:  13 Dec 2016
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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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.

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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
• 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

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Broad Principles
The Bargain between Shareholders
Directors' Duties
Majority Rule and Equitable Constraints
The derivative claim: the rule in Foss v Harbottle and the exception thereto
The Unfair Prejudice Remedy: Principles
Unfair Prejudice 2: Remedies
Unfair Prejudice 3: Practice and Procedure
Winding-up on the Just and Equitable Ground
Personal Rights of Shareholders
Foreign Element
Miscellaneous Rights
Limited Liability Partnerships
Appendix 1  Draft Regulation 119
Appendix 2 – precedents

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