Non-accepting shareholders, Business Law and Ethics

Assignment Help:

Non-accepting shareholders:

Acceptance on the required scale must be obtained within a maximum of four months from the date of the offer.  The position then is that:

(a) at the end of the four month period (not earlier than that even if 90 per cent acceptance is attained before the period expires) Company A may (but it need not do so if it does not wish-however see paragraph 25 below) serve notice on the non-accepting shareholders of its intention to acquire their shares on the same terms as have been accepted by the majority.  This notice may be given at any time within a two month period following the four month period;

(b) on receiving the notice from Company A each non-accepting shareholder of Company B has one month in which he may apply to the court to order that Company A shall not acquire his shares (see paragraphs 27-28 below);

(c) one month after serving notice on non-accepting shareholders (or if they apply to the court but fail then as the court has disposed of their application) Company A may require Company B as-

 

(i) to transfer the shares of its non-accepting shareholders to Company A, and

(ii) to receive the purchase consideration to hold in trust for the non-accepting shareholders.

By this means the outstanding shares are transferred without any further action on the part of the non-accepting shareholders.


Related Discussions:- Non-accepting shareholders

Function of the registered office, Function of the Registered Office: ...

Function of the Registered Office:                          Section 107(1) provides that a company shall, as from the day on which it begins to carry on business or as from th

Committal stage - reading, Committal Stage: In this such order 103 off...

Committal Stage: In this such order 103 offers that a Bill having been read a second moment shall stand committed to a committee of the Whole House, unless the House commits t

Effective collective bargaining, Question 1: (i) Explain clearly the d...

Question 1: (i) Explain clearly the difference between Individual Bargaining and Collective Bargaining highlighting with examples the contexts in which each of them applies.

Enumerate about the short-run phillips curve, Enumerate about the short-run...

Enumerate about the short-run Phillips curve Diagrammatically the short-run Phillips curve becomes flatter under coordination as opposed to no coordination. If one country expa

Executory consideration - types of consideration, Executory Consideration -...

Executory Consideration - Types of Consideration Although Executory consideration consists of a promise made about one party and a promise made through the other party to the

Laws, #questiwhat are lawson..

#questiwhat are lawson..

Super Parrot Food, Ask q‘Super Parrot Food’ Our own unique blend of parrot ...

Ask q‘Super Parrot Food’ Our own unique blend of parrot food containing the best quality ingredients lovingly prepared by us. Tim, the proprietor of ‘Pets on Parade’, a competing

Liquidators and receivers, Liquidators and Receivers: The distinction ...

Liquidators and Receivers: The distinction between liquidators and receivers must be kept clear: (a) a receiver is a representative of secured creditors appointed by them (

Enumerate the working of coordination mechanism, Enumerate the Working of c...

Enumerate the Working of coordination mechanism Take interesting case which will clarify the working of coordination mechanism better. If a member State in EMU, defaults on it

Impact of phoenix activity on employ superannuation, Q. Impact of phoenix a...

Q. Impact of phoenix activity on employ superannuation? Employees experience a range of impacts other than lost wages, entitlements and superannuation from phoenix activity. Fi

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