Question

In: Accounting

in corporate law what are the remedies avalable for sharholder if directors not agree with eachother?

in corporate law what are the remedies avalable for sharholder if directors not agree with eachother?

Solutions

Expert Solution

In earlier years shareholders had no right against directors for any loss they suffered because of breach of duty or disagreement among directors as director owes their duties direct to the company

However , presently Law allows shareholders to take steps against Directors in case of any dispute

Here are the remedies available to the Shareholders when there is disagreement or dispute between the directors and they are dissatisfied with directors act.

Shareholders can bring a claim against directors in the name of company. Claim is initiated & run by shareholders but in the name of company to recover any loss beared by them because of dispute among directors

Claim can be filed on the grounds of:

  • Breach of Duties described by law   and/or
  • Negligence and any other failure that have been committed

Regardless of Circumstances , Shareholders always have a right to remove any director by passing ordinary resolution & this right cannot be taken away by company in any way.

Further , Shareholders also have rectification right . Even where director’s breach is clear shareholders can rectify it after the event by passing ordinary resolution .

Thus, Shareholders have above remedies against Directors


Related Solutions

What are important characterisitics of corporate directors? Are corporate directors independent? Is there any academic research...
What are important characterisitics of corporate directors? Are corporate directors independent? Is there any academic research that finds independent directors are really independent?
What are the equitable remedies if a contract is breached? Let's assume two parties agree that...
What are the equitable remedies if a contract is breached? Let's assume two parties agree that Party A will finish construction on a home by September 1st. If he has only completed half by that date, has he substantially performed? What's the remedy if the court determines there was a breach?
Contract law provides for a number of different remedies. Please discuss two of these remedies, explaining...
Contract law provides for a number of different remedies. Please discuss two of these remedies, explaining when they apply and what they require.
Which of the following are uncommon remedies available to a corporation’s minority shareholders through common law...
Which of the following are uncommon remedies available to a corporation’s minority shareholders through common law and legislation? ( Under canadian law system) a. appraisal and the return of surplus assets b. winding up and derivative action c. appraisal and derivative action d. winding up and the return of surplus assets
What are some of the remedies of the seller if there is a breach of a...
What are some of the remedies of the seller if there is a breach of a sales contract? Provide an example. Do some Internet research and find a case that involves a UCC contract and that discusses a UCC remedy available to the seller. Provide a brief summary of the facts and an explanation of the court's decision. Do you agree with the decision? What are some of the remedies of the buyer if there is a breach of a...
The law of demand is the first and primary law of economics. Do you agree? Explain...
The law of demand is the first and primary law of economics. Do you agree? Explain the law of demand with the help of a clearly labelled diagram.              [Answer in 150 – 200 words] [Draw in paper; take photo and paste/Use MS Word/add screenshot] Though, the law of demand is the primary law of economics, it is subject to certain limitations in the form of exceptions. Discuss any five such exceptions to law of demand with valid examples. [Answer in...
Corporate management and the Board of Directors fulfil a vital role to ensure good corporate governance...
Corporate management and the Board of Directors fulfil a vital role to ensure good corporate governance within a company. Which of the reasons, listed below, has been a major contributing factor to corporate governance scandals? Question 23 options: Changes to government regulations regarding public reporting and disclosure Unclear separation of ownership and management Maximizing current share holder value tends to focus on the value near term Shareholders have dumped the company's stock
Question Hong Kong Law (Company Law) Lawrence, Michael and Nigel are shareholders and directors of Prosperity...
Question Hong Kong Law (Company Law) Lawrence, Michael and Nigel are shareholders and directors of Prosperity Ltd which is a retailer of hi-tech products. Each of them holds sixty-five, twenty, and fifteen per cent of the company’s shares respectively. Being often away on an overseas holiday, Lawrence rarely attends the board of directors’ meetings. During the year 2019, Lawrence sold the company’s product to his friend at a price which is substantially lower than the market price and he secretly...
Three decades ago, corporations and corporate directors were rarely prosecuted for crimes, and penalties for corporate...
Three decades ago, corporations and corporate directors were rarely prosecuted for crimes, and penalties for corporate crimes were relatively light. Today, this is no longer true. Under the corporate sentencing guidelines and the Sarbanes-Oxley Act, corporate wrongdoers can receive substantial penalties. Do these developments mean that corporations are committing more crimes today than in the past? Will stricter laws be effective in curbing corporate criminal activity? How can a company avoid liability for crimes committed by its employees? ​explain in...
Three decades ago, corporations and corporate directors were rarely prosecuted for crimes, and penalties for corporate...
Three decades ago, corporations and corporate directors were rarely prosecuted for crimes, and penalties for corporate crimes were relatively light. Today, this is no longer true. Under the corporate sentencing guidelines and the Sarbanes-Oxley Act, corporate wrongdoers can receive substantial penalties. Do these developments mean that corporations are committing more crimes today than in the past? Will stricter laws be effective in curbing corporate criminal activity? How can a company avoid liability for crimes committed by its employees? 2. Do...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT