Compromise or arrangement - reconstructions, Business Law and Ethics

Assignment Help:

Compromise or arrangement - reconstructions:

A scheme of arrangement is very flexible since it may be used to effect any "compromise or arrangement" with members or a class of members with creditors or a class of creditors.  It has been used to vary the rights attached to debentures or preference shares (when there are obstacles to a straightforward reduction of capital or variation of class rights) or to reorganize the capital structure of a company or to acquire shares of a company (instead of a take-over bid to which s.210 will be valid).  But if there is a specific procedure, such as a reduction of capital or a variation of class rights which can be used the court would not permit the use of a scheme of arrangement to avoid some safeguard of minority interests available under that specific procedure.


Related Discussions:- Compromise or arrangement - reconstructions

What is the meaning of conciliation, (a) Section 63 of the Employment Rela...

(a) Section 63 of the Employment Relations Act provides as follows: "The parties to a labour dispute may jointly refer such dispute for voluntary arbitration to the Tribunal or

Determine the deciding factor with respect to legislature, Determine the de...

Determine the deciding factor with respect to legislature Party with most votes has been in control of the legislature, so the deciding factor with respect to legislature is th

Arbitration is overriding condition in business contracts, QUESTION 1 A...

QUESTION 1 Arbitration is an overriding condition in all business contracts. Without a clause for arbitration business relationship is bound to suffer. Critically examine this

Alien tort claims act, Alien Tort Claims Act Problem: You work ...

Alien Tort Claims Act Problem: You work at a New York law firm and have been invited by the partner you work for to attend a meeting with Mrs. Esther Kiobel and a dozen

How are the commissioners appointed, QUESTION (i) (a) What is the compo...

QUESTION (i) (a) What is the composition of the Public Service Commission?     (b) How are the commissioners appointed? (ii) (a) What is the composition of the Judicial a

Describe the public procurement legal framework of mauritius, QUESTION 1 ...

QUESTION 1 Describe the Public Procurement Legal Framework of Mauritius QUESTION 2 Explain the following, within the meaning of the Competition Act: a. collusive agreem

Exceptions to the doctrine of privity of contract, Exceptions to the doctri...

Exceptions to the doctrine of Privity of contract Further there are a number of exceptions to the privity of contract rule of which the subsequent may be stated: (a) Agenc

Notice of resignation, Notice of resignation: Regarding clause (e) abo...

Notice of resignation: Regarding clause (e) above, it was held in Latchford Premier Cinema Co. V Ennion that a verbal notice of resignation which is given to, and is accepted

Change the law and move to comparative negligence, 1. Maryland is one of a ...

1. Maryland is one of a few states in which contributory negligence is a complete defense, barring the plaintiff from any recovery. What is contributory negligence? How does it com

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd