|
|
Shareholders' Rights and Remedies in Hong Kong |
|
|
Date: |
18 May 2012 (Friday) (MA3) |
|
|
Time: |
2:00pm – 5:15pm |
|
|
Speaker: |
Dr. Rita Cheung, Assistant Professor, Faculty of Law, The Chinese University of Hong Kong |
|
|
Medium: |
English |
|
|
Venue: |
will be confirmed around 3 days prior to the event date |
|
|
CPD / CPT Points: |
3 Fee: HK$1,400 |
|
|
Non-core CPD / Excutive: |
1 Fee: HK$1,400 |
|
|
Package Cost: |
Firm Package: 9K for 15 staff |
|
|
Level of Study : |
Intermediate |
|
|
Presenter: Dr Rita Cheung, joined the Faculty in 2008, and specializes in Company Law, Commercial Law and Corporate Governance. She has published widely in both international and leading legal journals in the UK on corporate governance and shareholders’ right. Her current research includes Company Law reform and minority shareholders’ rights and protection.. |
||
|
Course Objective : |
||
|
The course aims at providing an overview of minority shareholders' remedies and rights in Hong Kong. It covers the common law actions by exceptions to the Foss v Harbottle rule, the new statutory derivative action, and the twin statutory minority remedies of unfair prejudice and just and equitable winding up. |
||
|
|
Highlight : |
|
|
|
1. The Common Law Derivative action |
|
|
|
- The rule in Foss v Harbottle; The exceptions to the rule |
|
|
|
- Derivative actions: the ‘fraud on the minority’ exception; Personal rights |
|
|
|
- The no reflective loss principle |
|
|
|
2. The Statutory Derivative Action |
|
|
|
- Companies Ordinance, Part IVAA; The new statutory regime for derivative actions |
|
|
|
- The scope of proceedings; Statutory leave requirement |
|
|
|
3. The Unfair Prejudice Remedy |
|
|
|
- The statutory provision; Meaning of ‘unfair prejudice’ |
|
|
|
- Unfair prejudice petitions vs derivative actions |
|
|
|
- Unfair prejudice vs just and equitable winding up |
|
|
|
- Remedies under section 168A: buy-out remedy |
|
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
