"The Companies Act, 2013 attempts to maintain a balance between the rights of majority and minority shareholders." Discuss.

CS Executive · Company Law · PYQS · December 2019
"The Companies Act, 2013 attempts to maintain a balance between the rights of majority and minority shareholders." Discuss.

Answer & Explanation:

In India, the Companies Act, 2013 attempts to maintain a balance between the rights of majority and minority shareholders by admitting in, the rule of the majority but limiting it at the same time by a number of well-defined minority rights, and thus protecting the minority shareholders as well. The rule of Foss V. Harbottle establishes the rule of majority but it is not absolute but subject to certain exceptions and the minority shareholders are protected by the common law; and the provisions of the Companies Act, 2013. Section 241 to Section 245 of Chapter XVI of the Companies Act, 2013 deals with the provisions relating to prevention of oppression and mismanagement of a company. Oppression and mismanagement of a company mean that the affairs of the company are being conducted in a manner that is oppressive and biased against the minority shareholders or any member or members of the company. To prevent the same, there are provisions for the prevention and mismanagement of a company.

Topics: Company Law

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