Issue of additional preference shares, Business Law and Ethics

Assignment Help:

Issue of additional preference shares:

In the Bristol Aeroplane Case it was said of the issue of additional preference shares that:

                   "the existing preference shareholders will be in a less advantageous position on such occasions as entitle them to register their votes whether at a general meeting of the company or at separate meetings of their own class.  But there is to my mind a sensible distinction or a distinction, between an affecting of the rights and an affecting of ... the capacity to turn them to account".

It is a sensible or practical distinction because many decisions taken in the course of the company's business might affect the value of the shareholders' rights. For example, suppose that a company has two businesses: one is a dependable source of profits sufficient to provide for the preference dividend but those profits are a poor return on capital employed.  The directors then decide to sell that business at a high price in order to reinvest the proceeds in expanding the company's other business which offers prospects of long-term capital growth but very little immediate profit.  The position of preference shareholders would be affected since there may no longer be sufficient profits to cover their dividend.  But it would not be appropriate that they should have a veto (under variation of rights procedure) or an opportunity to apply to the court for a veto on what is essentially a question of commercial strategy.  It would probably be better to limit the constraint of variation of rights procedure to clear-cut and direct alteration of class rights, e.g. a reduction in the rate of preference dividend from, say, 8% to 6%.


Related Discussions:- Issue of additional preference shares

Explain court of final appeal arrived, Read Fateh Muhammad v Commissioner o...

Read Fateh Muhammad v Commissioner of Registration [2001] 2 HKLRD 659 which can be found in the westlaw HK website of our library database in which there is a summary of what the c

Unionization, Normal 0 false false false EN-IN X-NON...

Normal 0 false false false EN-IN X-NONE X-NONE MicrosoftInternetExplorer4

Explain what is meant by subsidiary legislation, Question 1: (a) Expla...

Question 1: (a) Explain what is meant by Subsidiary Legislation and the reasons for using such a Law. (b) Explain the ways in which Subsidiary Legislation is controlled.

Appointment by directors, APPOINTMENT BY DIRECTORS: The company first ...

APPOINTMENT BY DIRECTORS: The company first auditors of may be appointed through the directors at any time before the first annual general meeting, and auditors so appointed s

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

Preferential debts, PREFERENTIAL DEBTS: These unsecured debts which ra...

PREFERENTIAL DEBTS: These unsecured debts which rank ahead of a floating charge and non-preferential debts are: (a) one year's taxes, i.e. corporation tax, PAYE income tax de

Substantive and procedural law, Substantive Law: Therefore this is con...

Substantive Law: Therefore this is concerned through the rules themselves as opposed to the procedure on how to affect them.  So it defines the rights and duties of parties an

Growth rate of the money supply in the domestic economy, Growth rate of the...

Growth rate of the money supply in the domestic economy On the horizontal axis is the growth rate of the money supply in the domestic economy, M. On the vertical axis is the gr

Common law rules, Common law rules: The above common law rules have be...

Common law rules: The above common law rules have been modified by the following statutory provisions:  VOID ALLOTMENTS a) S.50 A renders an allotment void if it was mad

Define power, 1. How does the Melian dialogue represent key concepts such a...

1. How does the Melian dialogue represent key concepts such as self-interest, the balance of power, alliance, capabilities, empires and justice? Athenian leaders arrive on the is

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