Resolution for the variation - statutory provisions, Business Law and Ethics

Assignment Help:

Resolution for the variation - Statutory provisions:

Where any application is made pursuant to this provision, the variation shall not have effect unless and until it is confirmed by the court.

An application under the section must be made by petition within thirty days after the date on which the consent was given or the resolution was passed.  It may be made on behalf of the applicants by such one or more of their number as they may appoint in writing for the purpose.

S. 74(3) provides that on any such application the court, later than hearing the applicant and any other persons that who apply to the court to be heard and appear to the court to be interested in the application, may disallow the variation if it is satisfied, through having all the circumstances of the case, in which the variation would unjustly prejudice the shareholders of the class represented by the applicant.


Related Discussions:- Resolution for the variation - statutory provisions

Compulsory change - change of name , Compulsory Change: Section 20(2) ...

Compulsory Change: Section 20(2) of the Act provides that within six months of registration with a particular name the registrar may direct a change in name if in his opinion

Confession hypothetical, Case Study The following scenario should be an...

Case Study The following scenario should be analyzed to determine whether police proceeded properly under the applicable cases.  Your task is to identify issues of concern, eva

Disadvantages of stare decisis - rigidity, Disadvantages of Stare Decisis -...

Disadvantages of Stare Decisis - Rigidity However the case law method of administration of justice has been criticized on the grounds which it leads to rigidity because the di

Define the term - credibility and reputation, Define the term - Credibility...

Define the term - Credibility and Reputation Nature and characteristic of the environment in which a policy has been chosen has a number of important implications. As we have a

Relationship between banker and customer, Relationship between Banker and C...

Relationship between Banker and Customer Therefore the relationship between a banker and the customer is a debtor-creditor association that was articulated In the chief case o

Creditors voluntary winding up, CREDITORS' VOLUNTARY WINDING UP: If no...

CREDITORS' VOLUNTARY WINDING UP: If no declaration of solvency is made and delivered to the registrar, the liquidation process is a creditors' voluntary winding up even if i

Government estimate of the number of phoenix operators, Former Assistant Tr...

Former Assistant Treasurer Bill Shorten has cited estimates, based on ATO expertise, that there are 6,000 phoenix operators in Australia. It is recognised that this estimate is a ‘

Undischarged bankrupts, Undischarged Bankrupts: S.188 provides that if...

Undischarged Bankrupts: S.188 provides that if an undischarged bankrupt acts as director of any company without leave of the court he shall be liable to imprisonment for a ter

Vacation of office - company management, Vacation of Office: In additi...

Vacation of Office: In addition to vacating office under the aforesaid provisions of Article 88 a person may cease to be a director for various reasons like as;-

Qualified acceptance, Qualified Acceptance It might be as the drawee is ...

Qualified Acceptance It might be as the drawee is prepared for accept the bill since only subject to some adjustment. Any type of acceptance which varies the effect of such a bi

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