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Law Changes on the Horizon - Case Study Example

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In the paper “Law Changes on the Horizon” the author analyzes the scenario, which raises the prospect of a transfer of registered shares that originally belonged to Arnold but were transferred to Bill four months ago. Arnold has done his part by executing the transfer of shares…
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Law Changes on the Horizon
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Download file to see previous pages In so far as Treeng is concerned, the Articles of Association allow the Directors the right to outright refuse a transfer of shares. However, there is also a definite time period that has been specified for the directors to give notice of their intent to refuse the transfer of shares.
In Bill’s case, it may be noted that the transfer has occurred four months ago and in the two month period following the transfer, the Directors have not provided any indication that they intend to refuse the transfer. Therefore, it is likely that since no reasons have been provided to support a refusal2, and no notification of any kind has been provided to Bill that the share transfer has been refused, the natural assumption that must be made is that the transfer of shares has been approved. Therefore, in this case, the 2000 shares that Arnold has transferred now legitimately belong to Bill.
However, in assessing whether or not Bill has any rights, the first thing that must be considered is whether such a large transfer of shares is a valid one. As pointed out by Edwards et al in their discussion of company law issues3, when outside investors are introduced into the Company, they are likely to become minority shareholders. BY buying out such a large block of shares, it is likely that Bill will not be considered a minority shareholder in the Company by virtue of his apparent undisputed possession of the shares that Arnold has transferred to him. As a result, the existing shareholders’ interests will be diluted, as a result of which it appears likely that the interests of the other directors have been diluted. It is also possible that the existing Board of Treeing may need it. ...Download file to see next pagesRead More
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