• This problem is based on the right of a member to vote in Company general meetings. It is a trite principle of law that the right to vote is one of the proprietary rights of a member. It is one of the so-called individual membership rights of a member exercisable by a member irrespective of the wishes of the majority and if the right is violated the member has a personal action for redress.
• In this case the articles of X Company are very clear on voting and the Chairman has declined to accept the votes of Jane nominees in violation of Jane’s right to vote in a general meeting. Jane has a course of action to compel the Chairman to adept the votes of her nominees.
• My advise to Jane is to institute legal proceedings against the chairman to “compel him” to accept the votes, as was observed by Sir George Jessel MR in Pender V. Lushington.
• My advise is based on the decision in Pender V. Lushington whose facts were substantially similar to those of this case.
Discuss.
For a custom-written paper on the above topic, place your order now!
What We Offer
• On-time delivery guarantee
• PhD-level professionals
• Automatic plagiarism check
• 100% money-back guarantee
• 100% Privacy and Confidentiality
• High Quality custom-written papers
