A comparison of minority shareholders’ remedies in British Columbia and Bhutan
department or school: Law, Faculty of
data provider: DSpace
degree campus: UBCV
creator: Tshering, Norbu
issued: 2009-10-28T22:28:40Z
issued: 2003
related degree: Master of Laws - LLM
degree grantor: University of British Columbia
description: Minority shareholders investing their capital in business corporations face two primary risks. First, the business risk of the undertaking common to all investors, and second, the risk of disagreements within the corporate organization when their situation may be weaker compared to the majority shareholders. The interests of minority shareholders are often been made virtually worthless by the machinations of those in control of the corporation. Minority shareholders can be deprived of any income from the corporation, either in the form of dividends or salary, or they may be excluded from any effective voice in business decisions and denied information about corporate affairs. Often, they can eventually be ousted from the corporation and receive only a fraction of the real value of their interests. Conflicts of interests amongst shareholders constitute a serious threat to the success and survival of the corporation. In the absence of protective mechanisms, control is usually in the hands of the majority shareholders. While remedies do exist in the law (common law) for unexpected problems, contractual mechanisms stipulated at the inception of the corporation and market forces may also reduce the possibility of conflicts of interests arising in the course of carrying on the corporate business. The common law or even detailed mechanisms and prevailing market forces cannot, however, always take care of the wide variety and forms that the suppression of minority interests may assume. The common law is hesitant about interfering with the internal business affairs of the corporation and contractual arrangements may be inadequate due to the inherent inability of the human mind to foresee every future contingency. Market forces may also not always operate unimpeded. Therefore, corporate statutory provisions such as the derivative action, windingup on the just and equitable ground and oppression and appraisal remedies have been introduced to supplement the common law, contract…
aggregated CHO: https://circle.library.ubc.ca/rest/handle/2429/14231
extent: 7617426 bytes
format: application/pdf
note: A COMPARISON OF MINORITY SHAREHOLDERS' REMEDIES IN BRITISH COLUMBIA AND BHUTAN By Norbu Tshering LL.B (University of Delhi - India, 1999) Post Grad. in National Law (HC/RIM - Bhutan, 1995) B.Com(Hon) (Sherubtse College - Bhutan, 1994) A THESIS SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF LAWS in THE FACULTY OF GRADUATE STUDIES (FACULTY OF LAW) We accept this thesis as conforming to the required standard THE UNIVERSITY OF BRITISH COLUMBIA April 2003 © Norbu Tshering, 2003 In presenting this thesis in partial fulfilment of the requirements for an advanced degree at the University of British Columbia, I agree that the Library shall make it freely available for reference and study. I further agree that permission for extensive copying of this thesis for scholarly purposes may be granted by the head of my department or by his or her representatives. It is understood that copying or publication of this thesis for financial gain shall not be allowed without my written permission. Department of The University of British Columbia Vancouver, Canada Date \to lAPdtU 100% DE-6 (2/88) A B S T R A C T Minority shareholders investing their capital in business corporations face two primary risks. First, the business risk of the undertaking common to all investors, and second, the risk of disagreements within the corporate organization when their situation may be weaker compared to the majority shareholders. The interests of minority shareholders are often been made virtually worthless by the machinations of those in control of the corporation. Minority shareholders can be deprived of any income from the corporation, either in the form of dividends or salary, or they may be excluded from any effective voice in business decisions and denied information about corporate affairs. Often, they can eventually be ousted from the corporation and receive only a fraction of the real value of their interests. Conflicts of interests amongst shareholders constitu…
has type: Thesis/Dissertation
date issued: 2003-05
is shown at: 10.14288/1.0077564
language: eng
degree discipline: Law
provider: Vancouver : University of British Columbia Library
publisher: University of British Columbia
rights: For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.
scholar level: Graduate
type: Text
identifier URI: http://hdl.handle.net/2429/14231