A Practical Guide to Resolving Shareholder Disputes
Authors: Ludwig Ng, Sherman Yan
Publication Date: To Be Published in February 2021
A Practical Guide to Resolving Shareholder Disputes gives a detailed and practical synopsis of the procedural hurdles that practitioners will encounter when advising clients. The book analyses the applicable principles in derivative actions under both the common law and statutory regime, shareholders' personal rights, shareholders' agreement, the twin statutory remedies of unfair prejudice petition and winding-up petitions on just and equitable grounds from a practitioner’s perspective. It is a text for legal practitioners, researchers, and students who are looking for a clear, succinct, and up-to-date practical guide to resolving shareholder disputes.
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Shareholder disputes have existed for as long as there have been companies, and are becoming an everyday occurrence in the corporate world. “A Practical Guide to Resolving Shareholder Disputes” is intended to serve as a ready reference, a checklist and a source of practical guidance for business owners, investors, financial advisers, in-house counsel and legal practitioners who are involved in this area.
Apart from outlining general principles and practice, this is the first book on the subject that provides specific treatments to different kinds of companies, such as private companies, listed companies, family companies and non-Hong Kong companies. The authors have outlined the procedural and legal considerations for various types of actions, including derivative actions, unfair prejudice petitions, and just and equitable winding up. Interlocutory applications in shareholder disputes and the most recent local decisions are discussed in detail, and extensive references are also made to illustrative cases from other common law jurisdictions, like the UK and Singapore.
This brand-new title will fill an important gap in the growing range of Hong Kong legal textbooks on shareholder disputes, and is essential reading for practitioners, researchers, and students interested or engaged in this area of law.
Table of contents
Chapter 1: The Basics
Chapter 2: Directors’ Duties
Chapter 3: Minority Protection
Chapter 4: Interlocutory Application in Shareholder Disputes
Chapter 5: Shareholders’ Agreement
Chapter 6: Family Companies
Chapter 7: Foreign Companies
Chapter 8: Listed Companies"