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Oppression claims are separate from derivative actions, but the two are not mutually exclusive. [35] However, a derivative action claim can only be instituted by leave of the court, as it is brought by a complainant to sue on behalf of the corporation for a wrong done to the corporation, and any successful claim is binding on all shareholders ...
Shareholder oppression occurs when the majority shareholders in a corporation take action that unfairly prejudices the minority. It most commonly occurs in non-publicly traded companies, because the lack of a public market for shares leaves minority shareholders particularly vulnerable, since minority shareholders cannot escape mistreatment by selling their stock and exiting the corporation. [1]
The board may either reject, accept, or not act upon the demand. If after a period of time the demand has been rejected or has not been acted upon, shareholders may file suit. [2] If the board accepts the demand, the corporation itself will file the suit. If rejected, or not acted upon, the shareholder must meet additional pleading requirements ...
The plaintiffs, Eulala and Russel Shute, were passengers on a cruise ship operated by the defendant, Carnival Cruise Lines, Inc. The Shutes had bought tickets in Washington and signed a contract , with a forum selection clause mandating that injured parties would sue in Florida , to the exclusion of all other jurisdictions.
There are a number of reasons why the shareholders may wish to supplement (or supersede) the constitutional documents of the company in this way: a company's constitutional documents are normally available for public inspection, whereas the terms of a shareholders' agreement, as a private law contract, are normally confidential between the parties.
Carnival Corporation & plc is a British and American cruise operator with a combined fleet of over ninety vessels across nine cruise line brands. [4] A dual-listed company, Carnival is composed of the Panama-incorporated, US-headquartered Carnival Corporation, and UK-based Carnival plc, which function as one entity.
A nominee director's name would appear on all corporate paperwork in place of the beneficial owners, and like nominee shareholders, few jurisdictions can compel a nominee director to divulge the identity of beneficial owners. [15] A further hurdle is that some jurisdictions allow a corporation to be named as a director. [15]
In present countries there are usually a few major shareholders who come together to form the company. Each usually holds the right to nominate, without objection of the other, a certain number of Directors who become nominees for the election by the shareholder body at the AGM. Shareholders may also elect Independent Directors (from the public).