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Oppression Remedy
In corporate law in Commonwealth countries, an oppression remedy is a statutory right available to oppressed shareholders. It empowers the shareholders to bring an action against the corporation in which they own shares when the conduct of the company has an effect that is oppressive, unfairly prejudicial, or unfairly disregards the interests of a shareholder. It was introduced in response to ''Foss v Harbottle'', which had held that where a company's actions were ratified by a majority of the shareholders, the courts will not generally interfere. It has been widely copied in companies legislation throughout the Commonwealth, including: :* the ''Canada Business Corporations Act'', and :* the ''Corporations Act 2001'' of Australia :* the ''Companies Act 1993'' of New Zealand :* the ''Companies Act, 2008'' of South Africa :* the ''Companies Act'' of Singapore :* the ''Companies Act 1965'' of Malaysia The ''Companies Ordinance'' of Hong Kong also contains similar provisions. Introdu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corporate Law
Corporate law (also known as company law or enterprise law) is the body of law governing the rights, relations, and conduct of persons, companies, organizations and businesses. The term refers to the legal practice of law relating to corporations, or to the theory of corporations. Corporate law often describes the law relating to matters which derive directly from the life-cycle of a corporation.John Armour, Henry Hansmann, Reinier Kraakman, Mariana Pargendler "What is Corporate Law?" in ''The Anatomy of Corporate Law: A Comparative and Functional Approach''(Eds Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, Hideki Kanda, Mariana Pargendler, Wolf-Georg Ringe, and Edward Rock, Oxford University Press 2017)1.1 It thus encompasses the formation, funding, governance, and death of a corporation. While the minute nature of corporate governance as personified by share ownership, capital market, and business culture rules diff ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jenkins Committee On Company Law
The Jenkins Committee on Company Law was a Company Law Committee, chaired by Lord Jenkins and formed under the tenure of John Rodgers (Parliamentary Secretary to the Board of Trade). It was formed in November 1959 with terms of reference ''To review and report upon the provisions and workings of'': the Companies Act 1948; the Prevention of Fraud (Investments) Act 1958 and Registration of Business Names Act 1916 The Times, 19 January 1960; pg 19 col D; ''Jenkins Committee On Company Law Call For Evidence'' Aspects covered included takeovers; the duties of directors and the rights of shareholders In January 1960 the committee invited comment on a range of subjects including: Incorporation of Companies and Memoranda of Association The memorandum of association of a company is an important corporate document in certain jurisdictions. It is often simply referred to as the memorandum. In the UK, it has to be filed with the Registrar of Companies during the process of incorp .... ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McCarthy Tétrault
McCarthy Tétrault LLP is a Canadian law firm specializing in business law, litigation services, tax law, real property law, labour and employment law, with offices in Vancouver, Calgary, Toronto, Montréal, Québec City, London (UK), as well as New York City. McCarthy Tétrault LLP is one of the Seven Sisters law firms. McCarthy Tétrault is the only law firm listed in the Report on Business Top 25 Best B2B Brands by ''The Globe and Mail'' in 2021, and it has the second strongest law firm brand in Canada according to ''Thomson Reuters’'' Regional Law Firm Brand Indexes 2021. The firm represents Canadian and international clients, including major public institutions, financial services organizations, mining companies, manufacturers, pharmaceutical companies and other corporations. McCarthy Tétrault's London office specializes in assisting clients with their transatlantic transactions, and is staffed with both English and Canadian-qualified lawyers. A charter member of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Terminology American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" (Intransitive verb, intransitive) or "appeals" (Transitive verb, transitive) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal is without merit) or "judgment reversed" (the app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fasken Martineau
Fasken Martineau DuMoulin LLP (doing business as Fasken) is an international business law firm with approximately 925 lawyers and offices in Vancouver, Surrey, Calgary, Toronto, Ottawa, Montreal, Quebec City, London and Johannesburg. The firm traces its origins to a predecessor firm that was originally founded in 1863. On 29 November 2017, the firm announced that it was changing its brand name A brand is a name, term, design, symbol or any other feature that distinguishes one seller's goods or service from those of other sellers. Brands are used in business, marketing, and advertising for recognition and, importantly, to create and ... from Fasken Martineau to Fasken. History Fasken is the result of a merger between three predecessor firms – Fasken Campbell Godfrey, Martineau Walker, and Russell & DuMoulin. Fasken Campbell Godfrey in Toronto was formed from the 1989 merger of two long-standing Toronto firms, Fasken & Calvin (which began as Beatty and Chadwick, founded ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Derivative Action
A shareholder derivative suit is a lawsuit brought by a shareholder on behalf of a corporation against a third party. Often, the third party is an insider of the corporation, such as an executive officer or director. Shareholder derivative suits are unique because under traditional corporate law, management is responsible for bringing and defending the corporation against suit. Shareholder derivative suits permit a shareholder to initiate a suit when management has failed to do so. To enable a diversity of management approaches to risks and reinforce the most common forms of corporate rules with a high degree of permissible management power, many jurisdictions have implemented minimum thresholds and grounds (procedural and substantive) to such suits. Purpose and difficulties Under traditional corporate business law, shareholders are the owners of a corporation. However, they are not empowered to control the day-to-day operations of the corporation. Instead, shareholders appoint dire ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Newfoundland And Labrador (Court Of Appeal)
The Court of Appeal of Newfoundland and Labrador is at the top of the hierarchy of courts for the Canadian province of Newfoundland and Labrador. The Court of Appeal derives its powers and jurisdiction from the Court of Appeal Act. The independent Court of Appeal was established in 2018 and comprises the Chief Justice and five other justices. At any given time there may be one or more additional justices who sit as supernumerary justices. From 1975 until 2018 the Court of Appeal was constituted as the appeal division of the Supreme Court of Newfoundland and Labrador with judges appointed specifically to hear appeals from the General Division of the Supreme Court. Prior to 1975 both trial and appeals were carried out in the Supreme Court, where the individual judges routinely acted as a trial judges but, in the event of an appeal, would sit together (en banc) to hear it. The Court now hears appeals of all type from the Supreme Court of Newfoundland and Labrador's General Divisio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arm's Length
The arm's length principle (ALP) is the condition or the fact that the parties of a transaction are independent and on an equal footing. Such a transaction is known as an "arm's-length transaction". It is used specifically in contract law to arrange an agreement that will stand up to legal scrutiny, even though the parties may have shared interests (e.g., employer-employee) or are too closely related to be seen as completely independent (e.g., the parties have familial ties). An arm's length relationship is distinguished from a fiduciary relationship, where the parties are not on an equal footing, but rather, power and information asymmetries exist. It is also one of the key elements in international taxation as it allows an adequate allocation of profit taxation rights among countries that conclude double tax conventions, through transfer pricing, among each other. Transfer pricing and the arm's length principle were one of the focal points of the base erosion and profit sh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Osler, Hoskin & Harcourt
Osler, Hoskin & Harcourt LLP is a Canadian-based law firm founded in 1862. Osler is considered one of the Seven Sisters (law firms), a historical collection of seven law firms with offices in Toronto, Ontario. History The firm was founded in 1862 by Britton Bath Osler, the eldest of three famous brothers—the other two being Sir William Osler, one of the four founding professors of Johns Hopkins Hospital, and Edmund Boyd Osler, an early president of the Dominion Bank (now, TD Bank). Osler would later join D'Alton McCarthy's Toronto partnership, subsequently known as McCarthy, Osler, Hoskin and Creelman. It was McCarthy's firm, Boulton & McCarthy, in Barrie, Ontario, which eventually became the firm now known as McCarthy Tétrault, reflecting the common heritage of the two firms. McCarthy, Osler, Hoskin and Creelman became a leading law firm in Toronto. In 1968, Osler became the first large corporate law firm in Canada to admit a woman as a partner, Bertha Wilson, wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Companies' Creditors Arrangement Act
The ''Companies' Creditors Arrangement Act'' (CCAA; ) is a statute of the Parliament of Canada that allows insolvent corporations owing their creditors in excess of $5 million to restructure their businesses and financial affairs. The CCAA within the Canadian insolvency regime In 1990, the British Columbia Court of Appeal discussed the background behind the introduction of the CCAA in one of its rulings: The Supreme Court of Canada did not have a chance to explain the nature of the CCAA until the groundbreaking case of '' Century Services Inc. v. Canada (Attorney General)'' in 2010. In that case, the Court gave a detailed explanation of the nature of insolvency law in Canada. The '' Bankruptcy and Insolvency Act'' (BIA) provides a more rules-based approach for resolving a corporate debtor's insolvency, which must be observed strictly. The CCAA, on the other hand, provides a more discretionary approach that is remedial in nature, which therefore must be broadly construed. Al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bankruptcy And Insolvency Act
The ''Bankruptcy and Insolvency Act'' (BIA; ) is one of the statutes that regulates the law on bankruptcy and insolvency in Canada. It governs bankruptcies, consumer and commercial proposals, and receiverships in Canada. It also governs the Office of the Superintendent of Bankruptcy, a federal agency responsible for ensuring that bankruptcies are administered in a fair and orderly manner. Purpose and scope The nature of the ''Act'' within Canada's legal framework governing insolvency was described by the Supreme Court of Canada in '' Century Services Inc. v. Canada (Attorney General)'': With certain exceptions, the ''Act'' covers a wide range of entities: :* it covers anyone who has resided or carried on business in Canada :* it "includes a partnership, an unincorporated association, a corporation, a cooperative society or a cooperative organization, the successors of a partnership, of an association, of a corporation, of a society or of an organization and the heirs, execu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McGill University
McGill University (French: Université McGill) is an English-language public research university in Montreal, Quebec, Canada. Founded in 1821 by royal charter,Frost, Stanley Brice. ''McGill University, Vol. I. For the Advancement of Learning, 1801–1895.'' McGill-Queen's University Press, 1980. the university bears the name of James McGill, a Scottish merchant, whose bequest in 1813 established the University of McGill College. In 1885, the name of the university was officially changed to McGill University. Its main campus is on the slope of Mount Royal in downtown Montreal in the borough of Ville-Marie, with a second campus situated in Sainte-Anne-de-Bellevue, west of the main campus on Montreal Island. The university is one of two members of the Association of American Universities located outside the United States, alongside the University of Toronto, and is the only Canadian member of the Global University Leaders Forum (GULF) within the World Economic Forum. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
