Voluntary liquidation - shares of the minority , Business Law and Ethics

Assignment Help:

Voluntary liquidation - shares of the minority:

A company in (or about to go into) members' voluntary liquidation may by special resolution authorize the liquidator to sell the business or property for shares (of some other company) to be distributed to members.  But any member who did not vote in favour of the special resolution may in the ensuing seven days deliver to the registered office a notice addressed to the liquidator requiring him either to pay that member the value of his interest in cash or to abandon the proposed sale: CA s.280.

If the company is in a creditors voluntary liquidation a special resolution to approve the sale must be passed and it is also necessary for the sale to be approved by the court or by the committee of inspection: CA s.292.  Moreover a creditor can at any time within a year of the passing of the special resolution (in a members voluntary winding up) render it invalid by obtaining a court order for compulsory liquidation: s.280(5).  It is therefore prudent to dispose of possible objections by creditors before the company enters into the transaction.


Related Discussions:- Voluntary liquidation - shares of the minority

Assignment, hi there, we are looking forward your assistance to do our busi...

hi there, we are looking forward your assistance to do our business law assignment as we have 4 legal issue and we have to use law in commerce (5th edition) text book for that assi

Consideration - element of contract, Consideration - Element of Contract ...

Consideration - Element of Contract Just to an agreement to constitute a contract the common law of the England then adopted in the US, requires such, must be supported with c

Dormant Commerce Clause, In 2001, Puerto Rico enacted a law that requires s...

In 2001, Puerto Rico enacted a law that requires specific labels on cement sold in Puerto Rico and imposes fines for any violations of these requirements. The law prohibits the sal

Powers and functions of the commission, Question 1: ‘There has been con...

Question 1: ‘There has been considerable development from the time of the Industrial Associations Ordinance 1938 to the present time of the Employment Relations Act 200

Bankruptcy, how can a receiving order be rescinded?

how can a receiving order be rescinded?

Trade and commerce, what is the importance of law enforcement and the legal...

what is the importance of law enforcement and the legal profession as service industries?

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

Loans to directors, Loans to Directors: Section 191(1) renders unlawfu...

Loans to Directors: Section 191(1) renders unlawful any loan made by a company to a director of the company or its holding company. It is also unlawful for the company to guar

Quantifying phoenix activity, Many stakeholders emphasised that it would be...

Many stakeholders emphasised that it would be difficult to quantify phoenix activity as phoenix operators are very skilled at 'flying under the radar'. Impacts, beyond those listed

McDonald''s VS Tim Horton''s sustainability report 2011, 1. set outs the di...

1. set outs the differences between the reports in terms of range of issues dealt with in the report and the depth of the coverage. 2. Explain the differences between the two repor

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