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A Practical Guide to Resolving Shareholder Disputes

A Practical Guide to Resolving Shareholder Disputes

Author: Ludwig Ng; Sherman Yan
Publisher: LexisNexis Hong Kong
ISBN: 9789888683246
Published In: February 2021
Format: Paperback
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

Description
Contents
Author

Details

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.

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.

 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"

Ludwig Ng

LL.B., LL.M., (HKU); Solicitor Advocate; partner, ONC Lawyers

Sherman Yan

Sherman frequently acts for listed companies, the shareholders, directors and securities investors in dealing with inquiries and investigations by regulatory bodies such as the Hong Kong Monetary Authority, the Hong Kong Exchanges and Clearing Limited, and the Securities and Futures Commission of Hong Kong. Besides, Sherman is a member of the Civil Litigation Committee of the Law Society of Hong Kong with extensive experience in handling and reviewing new laws and regulations relating to litigation. Sherman is also an arbitrator of the South China International Economic and Trade Arbitration Commission (Shenzhen Court of International Arbitration) (SCIA) and is eligible to act for clients in arbitrations concerning disputes relating to international trade.