"The minority shareholders are empowered under the Companies Act, 2013 to bring action with a view to prevent the majority from oppression and mismanagement". Justify the statement with rights available to minority share

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2019
"The minority shareholders are empowered under the Companies Act, 2013 to bring action with a view to prevent the majority from oppression and mismanagement". Justify the statement with rights available to minority shareholders under the Act.

Answer & Explanation:

The various rights are available to the minority shareholders under the Companies Act, 2013 to bring action with a view to prevent oppression and mismanagement: 1. Right to appoint Small Shareholders' Directors: The small shareholders or minority shareholders as often construed, of a listed company have a right to appoint a shareholder of their choice on the board and such shareholder may be called as a 'Small Shareholders' Director' under section 151 of the Companies Act, 2013. 2. Right to apply to NCLT for Oppression and Mismanagement: The minority shareholders can approach the National Company Law Tribunal (NCLT) under the provisions of the Companies Act, 2013. Section 241, 242 and 244 of the Companies Act, 2013 under Chapter XIV lays down the remedies that minority shareholders can resort to in cases of oppression and mismanagement. 3. Right to file a Class Action Suit under section 245(1) of the Companies Act, 2013: It is another type of protection given to minority shareholders. A class action suit usually means a legal suit wherein a group of persons sharing a common interest can go to NCLT if they are of the view that the affairs of the company are conducted in manner that is prejudicial to the interests of the company or members or depositors.

Topics: Corporate Disputes

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