Altering the articles to allow for compulsory transfer: dragging minority shareholders to a reluctant exit
Altering the articles to allow for compulsory transfer: dragging minority shareholders to a reluctant exit
Considers whether majority shareholders may, by altering a company's articles of association, force the compulsory transfer of minority shares. Reviews the existing authorities on the alteration of articles and compulsory transfer, including the Chancery Division ruling in Constable v Executive Connections Ltd and the Australian High Court decision in Gambotto v WCP Ltd. Explains the nature of the contract made by shareholders, the bundle of rights shareholders acquire, and the default position of a shareholder's permanent investment until voluntary exit, unless overridden either by the parties or by statute.
articles of association, minority shareholders, share transfers
471-501
Hannigan, Brenda
d439c291-6794-4f9c-b27b-01386a13359e
August 2007
Hannigan, Brenda
d439c291-6794-4f9c-b27b-01386a13359e
Hannigan, Brenda
(2007)
Altering the articles to allow for compulsory transfer: dragging minority shareholders to a reluctant exit.
Journal of Business Law, 2007, .
Abstract
Considers whether majority shareholders may, by altering a company's articles of association, force the compulsory transfer of minority shares. Reviews the existing authorities on the alteration of articles and compulsory transfer, including the Chancery Division ruling in Constable v Executive Connections Ltd and the Australian High Court decision in Gambotto v WCP Ltd. Explains the nature of the contract made by shareholders, the bundle of rights shareholders acquire, and the default position of a shareholder's permanent investment until voluntary exit, unless overridden either by the parties or by statute.
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Published date: August 2007
Keywords:
articles of association, minority shareholders, share transfers
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Local EPrints ID: 46228
URI: http://eprints.soton.ac.uk/id/eprint/46228
ISSN: 0021-9460
PURE UUID: 6f4e6c3e-ca0f-4311-a57a-0762b618e8ca
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Date deposited: 18 Jul 2007
Last modified: 16 Mar 2024 02:34
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