Section 118:
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
118. Court may call meeting of shareholders
(1) Where the Court is satisfied that—
(a) it is impracticable to call or conduct a meeting of shareholders in
the manner prescribed by this Act or the constitution of the
company; or
[Issue 5] C35 – 78
Revised Laws of Mauritius
(b) it is in the interests of a company that a meeting of shareholders
be held,
the Court may order a meeting of shareholders to be held or conducted in
such manner as the Court directs.
(2) For the purposes of subsection (1), an application to the Court may
be made by a director, a shareholder or a creditor of the company.
(3) The Court may make an order on such terms as it thinks fit with regard to the costs of conducting the meeting and security for the costs.
(4) Subject to subsection (3), the Court may in addition give such directions as it thinks fit, including the direction that the heir of any deceased
member may exercise all or any of the powers that the deceased member
could have exercised if he were present at the meeting.
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Questions this section answers
- Can the Court order a shareholders' meeting to be held if it is impracticable otherwise?