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You searched for subject:(Oppression remedy). Showing records 1 – 3 of 3 total matches.

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University of Western Ontario

1. Abbey, Natasha A. An Insightful Study of the Oppression Remedy under South African and Canadian Corporate Law.

Degree: 2012, University of Western Ontario

A new perspective is provided on the South African company law through the comparative analysis of a shareholders’ remedy known as the Oppression Remedy under section 163 of the Companies Act 71 of 2008 and section 241 of the Canada Business Corporations Act. Despite the introduction of the new Companies Act 71 of 2008, the statute still remains unclear as to the rights, duties and powers of each individual within a company. In an aim to address this lack of clarity, this thesis takes a “back-to-basics” approach by discussing the fundamental principles of corporate personality and majority rule. This thesis provides a historical analysis of the English company law, its influence on the South African company law as well as the development of Canadian corporate law specifically through section 241. This study analyses the English, South African and Canadian statutes, cases and secondary materials.

Subjects/Keywords: company; director; judicial powers; majority rule; oppression remedy; shareholder.; Business Organizations Law

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Abbey, N. A. (2012). An Insightful Study of the Oppression Remedy under South African and Canadian Corporate Law. (Thesis). University of Western Ontario. Retrieved from https://ir.lib.uwo.ca/etd/830

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

Abbey, Natasha A. “An Insightful Study of the Oppression Remedy under South African and Canadian Corporate Law.” 2012. Thesis, University of Western Ontario. Accessed March 30, 2020. https://ir.lib.uwo.ca/etd/830.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7th Edition):

Abbey, Natasha A. “An Insightful Study of the Oppression Remedy under South African and Canadian Corporate Law.” 2012. Web. 30 Mar 2020.

Vancouver:

Abbey NA. An Insightful Study of the Oppression Remedy under South African and Canadian Corporate Law. [Internet] [Thesis]. University of Western Ontario; 2012. [cited 2020 Mar 30]. Available from: https://ir.lib.uwo.ca/etd/830.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Abbey NA. An Insightful Study of the Oppression Remedy under South African and Canadian Corporate Law. [Thesis]. University of Western Ontario; 2012. Available from: https://ir.lib.uwo.ca/etd/830

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation


University of Western Ontario

2. Fadahunsi, Oluwabukola. Minority Shareholders' Protections under Nigerian and Canadian Corporate Law: A Comparative Analysis.

Degree: 2019, University of Western Ontario

This thesis first examines the underlying theories of the statutory models of the Nigerian and Canadian company law, in order to determine the impact of these differing models on minority shareholders’ protection in each jurisdiction. From a practical perspective, this thesis then undertakes a comparative analysis of minority shareholders’ protections in the respective corporate statutes along with the judicial interpretations provided by the Nigerian and Canadian courts, with particular reference to the derivative action and oppression remedy. The similarities and differences of the derivative action and oppression remedy action available in each jurisdiction are highlighted, thereby revealing certain areas of convergence and other areas of jurisdictional uniqueness It is easy to see the link between strong minority shareholders’ protection and widely - dispersed corporate share ownership, as minority investors will be more willing to invest in jurisdictions where their status as minority shareholders will not place them in a precarious situation. Consequently, this thesis examines the extent to which minority shareholders’ protection can influence dispersed investments in a developing economy like Nigeria. Concluding that there is a plausible link between minority shareholders’ protection and dispersed investments, this thesis recommends more adequate provisions and mechanisms to protect minority shareholders so as to improve the extent of investments especially in a developing country like Nigeria.

Subjects/Keywords: corporation; company; majority rule; corporate legal personality; derivative action; oppression remedy; shareholder; complainant; applicant.; Law

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Fadahunsi, O. (2019). Minority Shareholders' Protections under Nigerian and Canadian Corporate Law: A Comparative Analysis. (Thesis). University of Western Ontario. Retrieved from https://ir.lib.uwo.ca/etd/6677

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

Fadahunsi, Oluwabukola. “Minority Shareholders' Protections under Nigerian and Canadian Corporate Law: A Comparative Analysis.” 2019. Thesis, University of Western Ontario. Accessed March 30, 2020. https://ir.lib.uwo.ca/etd/6677.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7th Edition):

Fadahunsi, Oluwabukola. “Minority Shareholders' Protections under Nigerian and Canadian Corporate Law: A Comparative Analysis.” 2019. Web. 30 Mar 2020.

Vancouver:

Fadahunsi O. Minority Shareholders' Protections under Nigerian and Canadian Corporate Law: A Comparative Analysis. [Internet] [Thesis]. University of Western Ontario; 2019. [cited 2020 Mar 30]. Available from: https://ir.lib.uwo.ca/etd/6677.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Fadahunsi O. Minority Shareholders' Protections under Nigerian and Canadian Corporate Law: A Comparative Analysis. [Thesis]. University of Western Ontario; 2019. Available from: https://ir.lib.uwo.ca/etd/6677

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

3. Juzda, Nicolas William. Unanimous Shareholder Agreements.

Degree: PhD, Law, 2015, York University

The unanimous shareholder agreement is a feature of most Canadian corporate statutes that allows the shareholders to, by creating an agreement meeting the necessary criteria, restrict the powers of the directors to manage the business and affairs of the corporation. One possible justification for this is the "nexus of contracts" theory that all corporations are notionally reducible to voluntary agreements. Three key areas of ambiguity surrounding unanimous shareholder agreements are examined in this dissertation, with specific reference to existing judgments. The requirements for their formation are reviewed, including the exact meaning and strictness of the unanimity criterion and the necessity and validity of possible restrictions upon the directors. Four competing approaches to their enforcement are identified and contrasted: the corporate constitutional approach that truly removes the board's powers, the contractual approach that treats unanimous shareholder agreements as contracts existing alongside the corporate power structure, and the directors' duties and oppression approaches that apply existing corporate law remedies to deal with violations. The transfer of duties and liabilities that accompanies unanimous shareholder agreements is considered in the context of unusual power structures and stakeholder theory, revealing unaddressed and possibly unsolvable problems in the legislation. It is concluded that, although the unanimous shareholder agreement may suggest a move toward a more contractual view of the corporation, it can also be understood as a specific tool within the statutory framework. Advisors/Committee Members: Waitzer, Edward J. (advisor).

Subjects/Keywords: Law; Business; Unanimous shareholder agreements; Shareholder agreements; Shareholders; Corporations; Directors; Contracts; Nexus of contracts; Oppression remedy; Duty of care; Duty of loyalty; Fiduciary duty; Stakeholders; Corporate governance; Corporate law

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Juzda, N. W. (2015). Unanimous Shareholder Agreements. (Doctoral Dissertation). York University. Retrieved from http://hdl.handle.net/10315/29975

Chicago Manual of Style (16th Edition):

Juzda, Nicolas William. “Unanimous Shareholder Agreements.” 2015. Doctoral Dissertation, York University. Accessed March 30, 2020. http://hdl.handle.net/10315/29975.

MLA Handbook (7th Edition):

Juzda, Nicolas William. “Unanimous Shareholder Agreements.” 2015. Web. 30 Mar 2020.

Vancouver:

Juzda NW. Unanimous Shareholder Agreements. [Internet] [Doctoral dissertation]. York University; 2015. [cited 2020 Mar 30]. Available from: http://hdl.handle.net/10315/29975.

Council of Science Editors:

Juzda NW. Unanimous Shareholder Agreements. [Doctoral Dissertation]. York University; 2015. Available from: http://hdl.handle.net/10315/29975

.