Which of the following is not a personal right recognised by the courts in respect of the articles of association?
The right to cast a vote at a general meeting
The right to receive a dividend in cash
The right to have all the articles observed.
Which of the following is not an exception to the rule in Foss v Harbottle (1843)?
Personal rights
Special majorities
Fraud on the minority
Unfair prejudicial conduct
In Cook v Deeks (1916) the court held:
The act of the directors could not be ratified by the company
The act of the directors could be ratified by the company
The directors had acted in good faith in the interests of the company
The minority shareholder was prevented from bringing an action due to the rule in Foss v Harbottle (1843)
In Smith v Croft (1987), the court held:
The majority shareholder could rely on the rule in Foss v Harbottle (1843) in order to prevent a derivative claim being brought.
A minority shareholder was able to prevent a derivative claim being brought by another minority shareholder
There was no evidence of fraud for the purpose of a derivative claim
The evidence justified a petition under s 459 CA 1985
Ebrahimi v Westbourne Galleries (1972) the House of Lords held any director-shareholder of any company, who is removed from office, is entitled to relief under s 122(1)g Insolvency Act 1986?
True
False
59 CA 1985 provides for relief on the following basis:
he just and equitable ground
Unfair prejudicial conduct
equitable conduct
each of fiduciary relationship
What is the most common remedy that a court is likely to grant under s 461 CA 1985?
Reinstatement
Injunction
Damages
Buy out order
What is the most common ground for bringing a s 459 petition?
Expropriation of corporate assets
Excessive remuneration
Exclusion from management
Loss of confidence
In Re London School of Electronics (1988), the court held that the minority shareholder’s petition for relief under s 459 was barred owing to his own conduct?
True
False
Which of the following is not a power which the Secretary of State can exercise?
To investigate suspected cases of insider dealing
To order an investigation into the affairs of a company
To wind up a company where in the public interest to do so
To bring a s 459 petition on behalf of minority shareholders