|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 121, line 25 [Clause 260], leave out subsection (4). |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | | Negatived on division 415 |
|
| | Page 121, line 33 [Clause 260], at end insert— |
|
| | | ‘(6) | A derivative claim under this Chapter may only be brought if the directors have |
|
| | | been requested by a member of the company to bring a claim in respect of an act |
|
| | | or omission specified in subsection (3) and have not agreed to the request after |
|
| | | the expiry of a reasonable period from service of the request.’. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 123, line 8 [Clause 263], at end insert ‘, or |
|
| | | ‘(d) | that the directors have decided not to pursue the claim, unless the court |
|
| | | considers that there is a substantial risk that in reaching their decision |
|
| | | they acted in breach of their duties to the company, or |
|
| | | (e) | that the claim is one which the company in general meeting could validly |
|
| | | decide not to pursue, unless the court considers that there is a substantial |
|
| | | risk that a decision not to pursue the claim would only be taken as a result |
|
| | | of votes cast by members with a personal interest, direct or indirect, in the |
|
| | | |
| | | (f) | that pursuing the claim would not be in the interests of the company.’. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 123, line 8 [Clause 263], at end insert ‘, or |
|
| | | ‘(d) | that the directors have decided not to pursue the claim, unless the court |
|
| | | considers that there is a substantial risk that that transaction constitutes a |
|
| | | fraud on the minority of members of the company, or |
|
|
| |
| | |
| | |
| |
| | | (e) | that the claim is one which the company in general meeting could validly |
|
| | | decide not to pursue, unless the court considers that there is a substantial |
|
| | | risk that a decision not to pursue the claim would only be taken due to the |
|
| | | majority of the shares being in control of those with a direct or indirect |
|
| | | interest in the transaction.’. |
|
| | |
| | |
| | | |
| | Page 125, line 4 [Clause 265], leave out ‘461(2)(c) of the Companies Act 1985 |
|
| | (c. 6)’ and insert ‘963(2)(c)’. |
|
|
