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Company and Securities Law Journal update: Vol 40 Pt 6

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*Please note that the links to the content in this Part will direct you to Westlaw AU. If you are using Checkpoint, the links can be found in the Checkpoint PDF at the bottom of this post.

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The latest issue of the Company and Securities Law Journal (Volume 40 Part 6) contains the following material:

EDITORIAL

Articles

Shareholder Agreements, the Corporate Constitution and the Oppression Remedy –Michael J Duffy

Shareholder agreements have nowadays become highly popular, particularly in proprietary companies and in joint venture arrangements. They usually seek to formalise relations and understandings between shareholders on such key issues as involvement in management, the power balance including rights of founders and minorities, veto rights, buyout and succession rights, pre-emption rights on new share issues and dispute resolution. In this article, the author will focus on their effects on the oppression remedy where a shareholders’ agreement may provide a factual matrix of “what was in contemplation of the parties” when incorporating the entity, a notion that has also found expression in the debated concept of “legitimate expectations” about the operations of the company including particularly, the expectation of participation in its management.

COMPANY LAW – Editor: Juliette Overland

TAKEOVERS AND PUBLIC SECURITIES – Editor: Jonathan Farrer

For the PDF version of the table of contents, click here: New Westlaw Australia – CSLJ Vol 40 No 6 Contents or here: Checkpoint – CSLJ Vol 40 No 6 Contents.

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