s205 c.A 1963

rexy 053

im doing an assignment on this at the moment and need information badly. can anyone help?

qz

Sure. Hope this helps:

Remedy in cases of oppression.

205.—(1) Any member of a company who complains that the affairs of the company are being conducted or that the powers of the directors of the company are being exercised in a manner oppressive to him or any of the members (including himself), or in disregard of his or their interests as members, may apply to the court for an order under this section.

(2) In a case falling within subsection (3) of section 170, the Minister may apply for an order under this section.

(3) If, on any application under subsection (1) or subsection (2) the court is of opinion that the company's affairs are being conducted or the directors' powers are being exercised as aforesaid, the court may, with a view to bringing to an end the matters complained of, make such order as it thinks fit, whether directing or prohibiting any act or cancelling or varying any transaction or for regulating the conduct of the company's affairs in future, or for the purchase of the shares of any members of the company by other members of the company or by the company and in the case of a purchase by the company, for the reduction accordingly of the company's capital, or otherwise.

(4) Where an order under this section makes any alteration in or addition to any company's memorandum or articles, then, notwithstanding anything in any other provision of this Act but subject to the provisions of the order, the company concerned shall not have power without the leave of the court to make any further alteration in or addition to the memorandum or articles inconsistent with the provisions of the order; but, subject to the foregoing provisions of this subsection, the alterations or additions made by the order shall be of the same effect as if duly made by resolution of the company, and the provisions of this Act shall apply to the memorandum or articles as so altered or added to accordingly.

(5) An office copy of any order under this section altering or adding to or giving leave to alter or add to a company's memorandum or articles shall, within 21 days after the making thereof, be delivered by the company to the registrar of companies for registration; and if a company fails to comply with this subsection, the company and every officer of the company who is in default shall be liable to a fine not exceeding £25.

(6) The personal representative of a person who, at the date of his death was a member of a company, or any trustee of, or person beneficially interested in, the shares of a company by virtue of the will or intestacy of any such person, may apply to the court under subsection (1) for an order under this section and, accordingly, any reference in that subsection to a member of a company shall be construed as including a reference to any such personal representative, trustee or person beneficially interested as aforesaid or to all of them.

(7) If, in the opinion of the court, the hearing of proceedings under this section would involve the disclosure of information the publication of which would be seriously prejudicial to the legitimate interests of the company, the court may order that the hearing of the proceedings or any part thereof shall be in camera.

There are literally dozens of decisions on this area. One quick Lexis or Justis search would give you a massive amount of information.

rexy 053

thanks so much QZ, i do not have access to lexixnexis/heinonline unfortunaely. is there anywhere else i can find articles on this? :-(

http://www.bailii.org/ie/cases/IEHC/2007/H436.html

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ie/cases/IEHC/2009/H570.html&query=%22s.205%22+and+%22oppression%22&method=boolean

rexy 053

thanks you

rexy 053

s205 provides a "comprehensive remedy" for an aggrieved shareholder-discuss......what are the flaws with this remedy that i could discuss?

Tom Young

Do your own homework assignments: Discuss.

rexy 053

im trying tom, just looking for some advice is all. dont mean to annoy or upset anyone :-(
sorry. just desperate :-(

nuac

Suggest in this and similar assignments

1. Read the relevant legislation

2. summarise it

3. Read the decided cases

4 Make summaries of the facts and judgements

When you have got your head around that you can go onto the advanced compare and contrast stuff.

You cannot expect to master any complicated area of law in one quick fix. Gotta absorb it over time. I am at it a lone time. Still on the famous learning curve

Good luck

Tom Young

There is a comprehensive structure here somewhere recent. You must have missed it when you were searching. You prompted another user to post it. Reiterate: do your own work.