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Compose a 7000 words essay on What is the interaction between agreements between shareholders (whether in the form of provisions in the constitution or separate shareholders' agreements) and the statu
Compose a 7000 words essay on What is the interaction between agreements between shareholders (whether in the form of provisions in the constitution or separate shareholders' agreements) and the statutory remedies in relation to oppression and winding up. Needs to be plagiarism free!
However, it can be stated that the, scope of the shareholder agreement is limited on the ground of statutory regulations of the corporations. It can further be stated that shareholder agreement holds the very less possibility of the making any inequitable conduct to equitable one.
Shareholder agreement in its simple meaning can be define as the contract between the some or all the shareholders of the company.
The primary purpose of the shareholder agreement is to provide way in which the company will be effectively managed. Furthermore, the shareholder agreement aims at addressing various issues within the company that may have significant impact on the operation of the company as well as on the relationship of the shareholders of the
It is worth mentioning that shareholder remedies on the basis of shareholder agreement often acts like unique viewpoint in matters related with shareholders remedies. Historically, the shareholders remedies were incorporated in the common law which was substantially codified in the statute. Nonetheless the right tom shareholder remedies are not rigidly relied only on the contract even though the relationships based on the agreement are continuous and activities in the corporate entity. There are various provisions that are duly supported in the shareholders’ agreement. Some of the common principles and standards that are covered under the shareholder’s agreement are illustrated below:
It is often being argued that at the different level of the authority within the company, the majority rule tends to prevails. Contextually, the shareholders agreement intends to protect the rights of every shareholders of the company by eliminating jeopardize related with the rule of majority. There has been consistent debate on the shareholders agreement usually based on the view of ‘liberty of contract.’ However, the notion
