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Back Buying Out Minority Shareholders under the Companies Act 1985 by Maitland Kalton Rights of Minority Shareholders In the decision of the Court of Appeal in Profinance Trust SA v Gladstone (Case No: A3/2000/0435, 2 July 2001) ('Profinance'), the rights of minority shareholders to have their shares purchased by other shareholders or the company under Sections 459-461 of the Companies Act 1985 (as amended) was extensively considered by Robert Walker LJ. It was concluded that the general purpose of these provisions is to provide a shareholder who has been unfairly prejudiced by the conduct of a company's affairs with a remedy more flexible and less drastic than a winding up on Author's Biography: Posted on: May 20,2006 Email: maitland@kaltons.co.uk Website: http://www.kaltons.co.uk |
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