Main advantages - mergers and winding up, Business Law and Ethics

Assignment Help:

Main advantages - mergers and winding up:

A scheme of arrangement under s.207 offers three main advantages:

(a)     it can be used in circumstances to which s.210 and s.280 do not apply.  As explained above it has only to be an "arrangement or compromise" of some sort with members or creditors;

(b)     in circumstances where s.207 is an alternative procedure a scheme of arrangement only requires approval by three quarters of the votes cast at each meeting.  This is a less stringent requirement than s.210 imposes since s,210 operates only if holders of 90 per cent of all the shares for which the offer is made accept the offer.  If there is doubt whether 90 per cent acceptance is obtainable a s.207 scheme is to be preferred.  But if (as in the Hellenic & General Trust Case - para 11 above) the court concludes that an identified minority has been denied the veto which s.210 would have given it is unlikely to give its approval under s.207.  Apart from technical points it would be unfair to do so;

(c)     the court order to implement the approved scheme under s.209(1) often saves substantial expense which could otherwise be incurred if the arrangement were effected in some other way.


Related Discussions:- Main advantages - mergers and winding up

Fiduciary duties - company management, Fiduciary Duties: The fiduciary...

Fiduciary Duties: The fiduciary duties of directors arising from their fiduciary relation to the company have been the subject of consideration in an enormous body of case law

Recent developments in mitigating phoenix activity, Q. Show Recent developm...

Q. Show Recent developments in mitigating phoenix activity? Since these previous works, there have been significant developments in mitigating phoenix activity. Following Tr

Administrative function of chief justice, Administrative Function of Chief ...

Administrative Function of Chief Justice Where, he is the principal administrative officer of the judiciary And where, he is the chairman of the Judicial Service Commi

Examples of laws that were created to force ethical behavior, 1. Sometimes ...

1. Sometimes laws are created that are done for ethical reasons. For instance, it is wrong to pollute, so Congress passed the Environmental Protection Act, which punished those tha

Commencement, COMMENCEMENT: However section 46(4) of the constitution ...

COMMENCEMENT: However section 46(4) of the constitution offers that like, a law made through Parliament shall not come in operation whether it has been published in the Englan

Explain united nations general assembly, Explain United Nations General Ass...

Explain United Nations General Assembly A treaty may also be referred to as a Convention, Protocol, Agreement and Declaration. There are no legal reasons for using different na

Contract of employment has been terminated, QUESTION (a) Tom is 15 ½ an...

QUESTION (a) Tom is 15 ½ and he has not eaten for three days because his parents did not have any money to buy food when he approached Mr. Taylor for a job in his factory and t

Legislation and legislative functions, Question : This is an extract of...

Question : This is an extract of the Mauritian Patents, Industrial Design and Trademarks Act 2002. 12. Patentable inventions (1) An invention shall be patentable under

Legal justification - constructive notice, Legal justification - Constructi...

Legal justification - Constructive notice: The legal justification for this rule is that since the company's public documents in its file at the Companies Registry are availab

What objections and should be made, Defendant, Jones, is charged with sever...

Defendant, Jones, is charged with several counts of possession of drugs and weapons. In the early morning hours, a 911 caller reported: "I hear a loud disturbance from Joe Jones' a

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd