The 7th edition offers a detailed statement of the law on the principles governing the rights of individual shareholders. It draws together case law from jurisdictions around the world, examines remedies available to shareholders and advises on practices and procedure.

Shareholders' Rights, formerly Minority Shareholders' Rights, is a newly expanded key work fully covering the law of shareholders rights. This new edition has been designed to meet the need for up-to-date analysis and interpretation on this dynamic area of law. First hand advice is given on general equitable principles, the unfair prejudice remedy, personal rights of shareholders and a new chapter on duties of directors. Expanded coverage is given on tradition subjects such as articles of association & shareholders' agreements, the fiduciary duties of directors, restrictions on the power of the majority under general principles of equity. International issues are covered in the new chapter on the foreign element in shareholders' disputes. Ideal for the busy practitioner, the work is written in a coherent & intuitive content structure from a practitioner's point of view and supplemented by an appendix of extensive litigation precedents. shareholders' rights * Covers recent case law and its implications, such as Re Saul D, Harrison, O'Neill v Phillips and CVC Opportunities v Demarco * Greatly expands upon the treatment of traditional subjects in shareholders' rights * Covers rights of shareholders under the articles of a shareholders' agreement * Covers personal rights of shareholders * Provides the most in-depth statement of the law of shareholders' rights available * The only book allowing you to confidently and accurately advise on the rights of shareholders

The boom in small shareholding and the associated increase in minority shareholders' rights issues has led to the need for an updated edition of this standard work. Coverage within the 3rd edition includes issues such as Section 459 of the Companies Act 1985, and statutory remedies of winding-up. - Includes all recent key case law - Written by a respected author in the field.

Close corporations, which are legal forms popular with small and medium enterprises, are crucial to every major economy's private sector. However, unlike their 'public' corporation counterparts, close corporation minority shareholders have limited exit options, and are structurally vulnerable in conflicts with majority or controlling shareholders. 'Withdrawal remedies'-legal mechanisms enabling aggrieved shareholders to exit companies with monetary claims-are potent minority shareholder protection mechanisms. This book critically examines the theory and operation of withdrawal remedies in four jurisdictions: the United States, the United Kingdom, Germany, and Japan. Developing and applying a theoretical and comparative framework to the analysis of these jurisdictions' withdrawal remedies, this book proposes a model withdrawal remedy that is potentially applicable to any jurisdiction. With its international, functional, and comparative analysis of withdrawal remedies, it challenges preconceptions about shareholder remedies and offers a methodology for comparative corporate law in both scholarship and practice.

A heavily debated topic, the evolution of shareholders’ duties risks the transformation of the very concept of shareholder primacy, crucially associated with shareholder rights. Offering a distinctive and comprehensive examination of both current and forthcoming enforcement mechanisms in the area of shareholder duties, this timely book provides an exhaustive analysis of the many issues related to these mechanisms, and considers the ongoing challenges surrounding their implementation.

Written in a readable style, this book provides an account, and much-needed analysis, of minority shareholders rights and remedies under section 459 of the Companies Act 1985. In the study of minority shareholders rights, there has been a tendency to give inadequate attention to the remedies now available. This book take a new approach to the treatment of minority shareholders protection. Much of this book is devoted to a detailed study of the effectiveness of section 459 as a shareholders remedy. Commencing with an examination of the problems faced by a minority shareholder, the book goes on t.

The legal regulation of company shares is a fundamental building block in a capitalist society. This insightful book provides an historical analysis of the phenomenon, investigating underlying policy issues and considering relevant aspects of current law to explore possible future trends. David Milman examines the phenomenon of the company share in a holistic way, tracing the origins of the share and exploring the diversity present within the family of shares. Using a comparative approach, key chapters consider the circumstances under which shares are acquired, the property law perspective relevant to shares and the rights and obligations of those who hold shares. The book concludes with speculation on how the share might evolve in the future in light of technological change and the development of other capital raising investments. This accessible book will provide valuable insight to scholars researching corporate law. It will also be beneficial for policymakers and practitioners wishing to understand more about the history of the company share, and how this may impact its future.

The landscape of shareholder dispute resolution in Hong Kong has changed vastly since the launch of the Civil Justice Reform in 2009. Key initiatives - the voluntary court-connected scheme and reform of the statutory unfair prejudice provisions - were employed to promote the greater use of alternative dispute resolution (ADR) in shareholder disputes. While the Hong Kong government and judiciary introduced such schemes to prove the legitimacy of extra-judicial over court-based litigation processes, their success is still uncertain. In this book, socio-legal theory and sociological institutionalism are used to develop a theoretical framework for analyzing the key stages of institutionalization. The author analyzes how procedural innovations could acquire legitimacy through different types of legal and non-legal inducement mechanisms within the institutionalization process. Recommendations on codifying and innovating ADR policy in Hong Kong shareholder disputes are also made with comparison to similar policies in the United Kingdom, South Africa and New Zealand.

The book explains and assesses the nature of enlightened shareholder value principle (ESV) and its contribution to corporate governance. Andrew Keay traces the development of the principle of ESV and examines it in the context of existing principles which have influenced corporate governance. The book analyses the UK legislation that delivers the principle in corporate law and ESV is compared to the constituency statutes that apply in the US in order to determine can whether anything can be learned from the American experience with these statutes. Finally the book considers whether ESV will mean a less short-termist approach by financial institutions and non-financial institutions after the global financial crisis.