Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Business Organizations Law
Unanimous Shareholder Agreements, Nicolas William Juzda
Unanimous Shareholder Agreements, Nicolas William Juzda
PhD Dissertations
The unanimous shareholder agreement is a feature of most Canadian corporate statutes that allows the shareholders to, by creating an agreement meeting the necessary criteria, restrict the powers of the directors to manage the business and affairs of the corporation. One possible justification for this is the "nexus of contracts" theory that all corporations are notionally reducible to voluntary agreements. Three key areas of ambiguity surrounding unanimous shareholder agreements are examined in this dissertation, with specific reference to existing judgments. The requirements for their formation are reviewed, including the exact meaning and strictness of the unanimity criterion and the necessity …
An Insightful Study Of The Oppression Remedy Under South African And Canadian Corporate Law, Natasha A. Abbey
An Insightful Study Of The Oppression Remedy Under South African And Canadian Corporate Law, Natasha A. Abbey
Electronic Thesis and Dissertation Repository
A new perspective is provided on the South African company law through the comparative analysis of a shareholders’ remedy known as the Oppression Remedy under section 163 of the Companies Act 71 of 2008 and section 241 of the Canada Business Corporations Act. Despite the introduction of the new Companies Act 71 of 2008, the statute still remains unclear as to the rights, duties and powers of each individual within a company. In an aim to address this lack of clarity, this thesis takes a “back-to-basics” approach by discussing the fundamental principles of corporate personality and majority rule. This …