Legal Protection of a Minority Shareholder

Minority shareholders in business are those who own less than 50% of the outstanding voting shares. This shareholder could be either of the following:

  • A real investor, who offers capital and had minimal or was less involved in the company’s day-to-day activities.
  • A creator partner or significant employee, who has been given shares at the instance of employment.

Many at times minority shareholders are at a huge risk should they fall out with the majority shareholders under the standard corporate governance rules. The corporate governance rules, allow for the majority in almost if not all matters, which could lead to restricted access to information, influence or even control.

Types of Claim and Remedy

1.      Unfair Prejudice Petition

The most important way to reprieve for a minority shareholder is to bring an unfair bias petition which should always be pondered on first. With eachlegal representation kind of claim comes a different remedy each with the sole aim of helping the minority shareholder get a fair worth of their assets.


Commonly sought after in an unfair prejudice petition is that the majority shareholders purchase the minority’s shares at price settled upon by the court.

2.      Just and Equitable Winding Up

Just as in an unfair prejudice petition, the grounds or circumstances that may lead a court in ruling to wind up a company are the same. On the other hand, the circumstances that may make a court to wind up a company with all the drawbacks or shortcomings it may bring is if winding up the company is the only remedy.


An order to wind up the company while it is still active and dissemination of all the net resources to the shareholders.

3.      Derivative Claim

A shareholder brings a derivative claim on the company’s behalf and for the aid of the company. The claim ought to be lodged in the business judge hammerinvolving carelessness, breach of duty or breach of trust by a director.

After bringing in the claim, the complainant must seek permissions from the court in order to proceed with the allegations. The court may otherwise reject the claims if they are not in the sole interest of the company.

While the company may be the defendant, in this case, it is not a case against or by the company and by that the company may not be required to be active during the court’s proceedings.

The complainant if granted permission to continue with the case may ask the court to request the company cover for the court’s legal fees should the claims be of the company’s benefit. However, this is subject to deliberation.


Most commonly pursued in a derivative claim, is that the enforcement of the claim on the director for the company’s benefit with the hope of increasing the company’s investments at last distributed to the shareholders.…

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Criminal Law

The Relevance of Hiring a Criminal Defense Attorney

The law is meant to serve people from different walks of life. It helps define how people within a particular area should conduct themselves. The society is required to behave as per the rules of the land. Different ills that may infringe the rights of others are listed to help guide people how they should act. Without the law, we would have witnessed disorder because everyone would want things to be done their way. The law is also essential when it comes to resolving disputes. Those involved in dispute resolution always use the use it for interpretation. A judge’s ruling should be in accordance with the law. It should also apply to the lawyer’s argument. When it comes to dispute resolution, everyone is entitled to a fair hearing. Those facing criminal charges also need proper representation. You can hire a criminal lawyer or have one assigned to you by the court. A criminal attorney will help you get a fair hearing. One can be slapped with criminal charges for an offense they committed unintentionally. You should look at the qualifications of the attorney you want to hire. Experience is also essential. Judge one’s expertise by the number of cases one has won before the court of law. Criminal attorneys play a major role in ensuring you get a fair hearing despite the charges you are facing. Here is the importance of hiring them.

Proper representation

A criminal defense attorney will represent you accurately before the court of law. Arguing out the case by yourself can be one tough affair becauseCriminal Attorney there are complicated issues that may come the way of proving your innocence. Some of the terms used in court can also be hard for you. A criminal lawyer will represent you and simplify the whole court process for you.

Reduced penalties

A criminal attorney will help ensure your sentences are reduced. He or she will convince the attorneys why your jail term should be reduced. They will draft a convincing argument to present before the judges. In some instances, they will negotiate for your release on bail or have your fine reduced by a certain amount. You should hire a criminal attorney for fair trial and reasonable penalties.

Emotional support

Behind BarsCriminals are people who are treated or viewed differently by the society. One may feel demoralized during the hearing process of the charges they are facing. At times, your family members can also neglect you.  A criminal attorney will offer you emotional support and guidance throughout the whole process. The will advise you on why you should stay strong during that period.…

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