-
Point in time valuation and minority shareholder oppression
Shareholder oppression, or minority shareholder oppression, is generally thought to occur when the majority shareholders misuse their power to oppress or control the minority.
-
Shareholder oppression remedies – to buy-back or wind up?
The New South Wales Court of Appeal considered a decision to order a compulsory buy-out for oppressed minority shareholders in Snell v Glatis (No 2) [2020] NSWCA 166. This article examines the Court’s reasoning and potential remedies for shareholder oppression, and how company history and structure can be relevant.
-
Shareholder oppression – combined effect adds up
A Court decision has highlighted the consequences of oppressive conduct between majority shareholders. Learn more about the case and the implications for understanding interactions between company members by reading this blog post.
-
Shareholder oppression in equal ownership situations
Case of Cody v Live Board Holdings Limited [2014] NSWSC 78 shows need for precise drafting of Shareholders’ Agreements and Constitutions to comply with Corporations Act 2001 (Cth) and remove any inconsistencies between documents and ensure Directors’ actions are clear.
-
Shareholder’s inspection allowed despite distrust
Drafting Share Vesting Agreement requires consideration of several factors, including securities, copyright, class of shares, taxation, congruence with other agreements, and Events of Default. Alternatives to incremental vesting and requirements of Redeemable Preference Shares. Care must be taken when drafting Events of Default/Forfeiture clauses.