Section 252: Powers of Court in other cases
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.
252. Powers of Court in other cases
(1) Where the Court is satisfied that giving effect to an amalgamation
proposal would unfairly prejudice a shareholder or creditor of an amalgamating company or a person to whom an amalgamating company is under an
obligation, it may, on the application made by the person at any time before
the date on which the amalgamation becomes effective, make any order it
thinks fit in relation to the proposal, and may, without limiting the generality
of this subsection, make an order—
(a) directing that effect shall not be given to the proposal;
(b) modifying the proposal in such manner as may be specified in
the order;
(c) directing the company or its Board to reconsider the proposal or
any part of it.
(2) An order made under subsection (1) may be made on such conditions
as the Court thinks fit.
PART XVII – COMPROMISES WITH CREDITORS
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Questions this section answers
- Can a shareholder ask the Court to block a company merger that unfairly prejudices them?