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A Comparison of the Statutory Provisions of the United Kingdom (UK) Companies Act 2006 and Ghana’s Companies Act 1963 (Act 179), to the Rule in Foss v Harbottle
Business School, University of Education, Winneba, Ghana
- 1 Business School, University of Education, Winneba, Ghana
Beijing Law Review·Volume 10 (2019)·Pages 153–167·Published 17 January 2019·DOI10.4236/blr.2019.101009
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Abstract
This paper adopts the comparative approach in its bid to compare the exceptions to the rule in Foss v Harbottle 1 under the statutory provisions of the UK Companies Act 2006 ( CA 2006), and Ghana’s Companies Act 1963 ( Act 179). The rationale is to critically examine the differences and commonalities of the Companies Acts of both the UK and Ghana. The article argues that minority shareholders in Ghana are given more protection in terms of the avenues opened to them to bring actions against the company or the controlling majority shareholders as compared to what pertains in the United Kingdom.
KeywordsCompanies Act 2006 and Insolvency Act 1986Both of the UKCompanies Act 1963 (Act 179) of GhanaMinority Shareholder ProtectionUnfairly Prejudicial ConductDerivative ActionJust and Equitable Winding upShareholder RemediesRepresentative Action
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