Li-Ann Thio Minority protection is integral to a civilised standard of internal good governance.
Just and equitable winding-up—the procedure Derivative claim A derivative claim is a statutory remedy available to a shareholder pursuant to CAss — A shareholder brings a derivative claim on behalf of the company and for the benefit of the company. The claim must be a claim vested in the company involving negligence, default, breach of duty or breach of trust by a director.
Immediately following the issue of a derivative claim, the claimant must seek the permission of the court to continue the claim. The court will otherwise exercise its discretion taking into account, among other things, the good faith of the claimant, the legal and practical merits of the claim, the likelihood of the conduct being authorised or ratified by the company and whether the claimant could bring an action based on the conduct complained of in his own right for example, by way of an unfair prejudice petition.
Broadly speaking, the conduct of the director complained of will not be validly authorised or ratified if to do so would amount to 'unfairly prejudicial' conduct by the majority or if to pass the required resolution the majority relied upon the votes of shareholders personally interested in the ratification, CAs CAs If permission is granted it is likely to be limited to taking specified further steps and then seeking permission to continue further.
While the company is made a defendant to the claim, it is not a claim by or against the company as such and the company is not likely to play an active part in the proceedings.
This is likely to be granted if permission to proceed is given but may be subject to restrictions both as to amount and scope. A derivative claim with different characteristics may also be available by way of relief in an unfair prejudice petition under CAs 2 c.
CAs For more details see the Practice Notes:Minority Protection, Rights, and Supermajoritarianism However, there are other values that we need to take into account besides political equality, notably the protection of minorities and the respect for rights.
Thus it is commonly argued that there is a trade-off between political equality (maximized by majority rule) and minority. The prospect of EU and NATO membership helped to diffuse similar tensions regarding the Hungarian minorities in Slovakia and Romania, by requiring legal protections for minority rights and an end to inflammatory political rhetoric from Budapest, Bratislava, and Bucharest.
Affirmative Action Overview. Affirmative Action | Overview. 2/7/ Table of Contents. such as women and minorities. Controversy surrounding the constitutionality of affirmative action programs has made the topic one of heated debate. Affirmative action may be unconstitutional under the Equal Protection Clause of the Fourteenth.
Congressional Redistricting and the Voting Rights Act: A Legal Overview Congressional Research Service Summary The Constitution requires a count of the U.S. population every 10 years. The course introduces students to the legal framework concerning minorities and indigenous peoples.
It presents an analysis of the protection of these groups from a legal, sociological and. part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.
The promotion and protection of the rights of minorities require particular.