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Course: Rights and Remedies of Minority Shareholders
Code: LP03_C29
Duration: 2 hours
CPD Credit: 2 CPD Points
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A company is a separate legal entity and as such can sue and be sued in its own name. It can therefore choose to enforce its legal rights and be sued for breach of its legal duties. It is not generally open to individual shareholders to initiate an action on the company’s behalf. However, rights and remedies exist for shareholders.
This course consists of two Lessons:
In the first Lesson you will learn:
the basic tenets of company law
the concepts of and exceptions to majority rule
the exceptions to the rule in Foss v. Harbottle
the overlap between claims
In the second Lesson you will learn:
the remedies available to minority shareholders under Companies Ordinance 168A
the concept of winding up of a company
what constitutes unfairly prejudicial conduct by majority shareholders
the remedies under Section 168A for unfairly prejudicial conduct
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Peter Tashjian
Peter Tashjian is Managing Director of the Institute of Professional Development (IPD), a commercial education and consultancy provider dedicated to practical education and training for executives and professionals in general, and those working within the legal and financial services industries in particular.
Peter is the former CEO of the Hong Kong Institute of Company Secretaries (HKICS), a professional body which promotes good corporate governance in Hong Kong and China as the territorial arm of the Institute of Chartered Secretaries and Administrators (ICSA).
Publication credits include developing and editing Hong Kong Company Secretarial Practice Manual in 1999 (Thomson), and co-authoring Regulatory Framework of Finance and Banking in Hong Kong in 1993 (Longman).
Peter has a BS in Business from Bentley College (1978), JD in Law from New England School of Law in Boston (1982) and a MIM in Management from the American Graduate School of International Management (1984), and has been teaching Law to students and practitioners, since 1985 – full time at the Papua New Guinea University of Technology (1985-1990) and City University of Hong Kong (1990-1996) and part-time at the University of Hong Kong (1990-2001). Peter is also an adjunct professor for the Australian Graduate School of Management MBA program, and legal seminar presenter for IPD and Mind Theme Legal in Hong Kong.
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