JUDICIAL INTERPRETATION OF MINORITY SHAREHOLDERS RIGHTS IN MERGERS AND ACQUISITIONS
Keywords:
Judical, Shareholders, Acquisitions, MergersAbstract
Robert Rinder once said, “I propose that matchmaking should be approached like a corporate business venture. It can be risky but I have discovered that the potential profits from acquisitions and mergers cannot be underestimated”. Mergers and Acquisitions have become an essential part of the business world today. In order for a business or a company to survive and expand, it is necessary for them to be dynamic and make the necessary changes in their structure and work. Mergers, in simple terms, can be defined as a situation where two independently operating entities form a new entity. An acquisition is a situation where one company takes over and establishes control over another company. The process of a merger or an acquisition is a long one. It involves a lot of changes that takes place in the company as well as interested third parties. One issue that can arise over such a process is the protection of minority shareholders and their rights. Very often, whenever a certain proposal is made in a company, there is a certain minority that opposes it. Mergers and Acquisitions are no exception to this. However, it is important to strike a balance between protecting the company’s and majority’s general interest as well as the interest of the minority. In this paper, the author has discussed five different cases where the minority questioned the proposed scheme of arrangement on various grounds, and how the court has interpreted their rights, keeping in view of the company’s general interests as well as the statutory provisions in place.
Downloads
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
