Thomson Wilks Incorporated Attorneys Head Office’s Post

A shareholders agreement is a foundational document for businesses,setting the terms for shareholder rights, business ownership structure, and operations governance. In Cameroon, crafting a shareholders agreement is essential for safeguarding the interest of each stakeholder, aligning goals, and crafting a roadmap for conflict resolution. This guide explores the essential components of a robust shareholder agreement, providing insights into drafting, strategic considerations, and legal compliance to ensure a harmonious and secure business ownership structure. Read full article 👇@ Kinsmen , One Call 📞 That’s All. https://lnkd.in/eb8fJ8De

Shareholders' Rights in Nigeria: Protecting Minority Interests Shareholders play a crucial role in the governance of companies, with their rights safeguarded by the Companies and Allied Matters Act (CAMA) 2020 and other relevant regulations. In Nigeria, protecting the interests of minority shareholders is particularly important, as they are often vulnerable to decisions made by controlling shareholders or management. 1. Right to Participate in Decision-Making: One of the key rights of shareholders is the ability to participate in major decisions affecting the company. Shareholders, including minorities, have the right to attend and vote at annual general meetings (AGMs) and extraordinary general meetings (EGMs). This allows them to influence key decisions, such as the election of directors, approval of financial statements, and major transactions like mergers or acquisitions. 2. Right to Access Information: Minority shareholders have the right to receive accurate and timely information about the company’s affairs. This includes access to financial statements, audit reports, and other material information that can impact their investment. CAMA mandates that companies provide transparent disclosures to all shareholders, ensuring that minority interests are protected from hidden risks or misconduct. 3. Protection Against Oppressive Actions: CAMA 2020 provides minority shareholders with legal recourse if they face oppressive or unfair conduct by the company or majority shareholders. Section 354 of CAMA empowers shareholders to seek redress through the courts if the company's actions are prejudicial to their interests. This includes actions like mismanagement, improper dilution of shares, or refusal to declare dividends. 4. Right to Seek Winding-Up or Buy-Out: In extreme cases, where it is impossible to resolve disputes through other means, minority shareholders may petition the court for the winding-up of the company. Additionally, they can seek a buy-out of their shares if they believe that the company’s management is acting detrimentally to their interests. 5. Dividend and Shareholding Rights: Minority shareholders are entitled to receive dividends as declared by the company and enjoy the same treatment as majority shareholders concerning distributions. They also have the right to share in any surplus upon the company’s liquidation, ensuring they are not sidelined in such proceedings. In conclusion, while majority shareholders hold significant power in Nigerian companies, the legal framework under CAMA 2020 offers vital protections to minority shareholders. By exercising their rights to information, participation, and legal recourse, minority shareholders can safeguard their investments and hold companies accountable for fair and transparent governance. #corporatecommerciallaw #shareholdersrights

A shareholders agreement is a foundational document for businesses,setting the terms for shareholder rights, business ownership structure, and operations governance. In Cameroon, crafting a shareholders agreement is essential for safeguarding the interest of each stakeholder, aligning goals, and crafting a roadmap for conflict resolution. This guide explores the essential components of a robust shareholder agreement, providing insights into drafting, strategic considerations, and legal compliance to ensure a harmonious and secure business ownership structure. https://lnkd.in/ejsgBafs

Why Go UK for Business? 🇬🇧 Ukrainian investors, the UK market is calling! Find out how using nominee services can boost your company’s credibility and success. Check out our article for more! #InvestInUK #BusinessStrategy #NomineeAdvantages https://bit.ly/3Ty1xhD

We are proud to share our latest contribution in the Global Legal Group’s International Comparative Legal Guide – Private Equity 2024. Learn about the current state and common issues within Private Equity in Norway, both from a legal and commercial perspective. Download the article written by founding partner Ole K. Aabø-Evensen, by clicking on the link: https://lnkd.in/dug4BXR7 #privateequity #transactions #mergersandacquisitions

What is a MOI? 🤔 The term “MOI” is an abbreviation for “Memorandum of Incorporation”. It is a document that sets out the rights, duties and responsibilities of shareholders, directors and other persons involved in a company. Every company registered in South Africa has an MOI. Learn more about the different types of MOIs and how Michalsons can help you 😉 https://lnkd.in/drPpvkNj #MOI #CompanyLaw #CompaniesAct #Michalsons

Pleased to receive the news of this decision of the Federal High Court affirming a position argued in an article I wrote and published 2years ago, available here: https://lnkd.in/d6Nnjdyj The CAMA's framework for single-member private companies (SMPCs) leaves much to be desired. For instance, it is silent on the attainment of SMPC status by operation of law such as where the number of members falls below two. The article examined this issue as one of the design flaws in the CAMA's framework for SMPCs. Interestingly, one of the hypothetical scenarios used in the article to discuss the issue is strikingly similar to the fact-pattern in this decision of the Federal High Court, including the prediction that the CAC would pursue winding-up if the issue arose! This decision is therefore useful and timely as it clarifies the law on this interesting issue. Kudos to Kigai Zontong, MCIArb. and his B&I team for the industry put into this!

Legal Protection for Minority Shareholders in Egyptian Companies Minority shareholders in Egyptian companies face the risk of having their interests overshadowed by majority shareholders or company management. To safeguard against this, Egyptian law provides specific protections to ensure minority shareholders are not unfairly treated or excluded from key decisions that affect their investment. This article explores the legal framework governing these protections, highlighting the relevant laws, the rights afforded to minority shareholders, and the practical steps they can take to defend their interests. Read more.. https://lnkd.in/dDEi-GuF #andersenEgypt #andersen #lawfirm #taxfirm #financialadvisory #lawyers #egypt

Being a minority shareholder in a business doesn’t mean you have no say. In South Africa, if you hold 49% or less of a company’s voting shares, you might lack some control, but you still have rights and while majority shareholders might call the shots with 51% or more of the vote, that doesn’t mean your voice doesn’t count. Minority shareholders in South African companies often find themselves at odds with poor decisions made by the majority. But, under the South African Companies Act 71 of 2008 there are certain, inalienable rights and protections in place to ensure your interests are not ignored. The South African Companies Act ensures that minority shareholders have a say in corporate governance and provides protection for their investments. These rights empower minority shareholders to actively participate in corporate decisions and safeguard their interests, even in the face of majority control. Even with these protections, mediation is worth considering as a first step to resolve disputes while preserving relationships and finding sensible and workable solutions. Read the full article here: https://lnkd.in/dirbB2Qd #shareholders #directors #shares #companies #business #finance #majorityshareholders #minorityshareholders #shareholdersagreements #legaladvice #disputeresolution #mediation #distillingcomplexity #entrepreneurs #SMEs

𝐂𝐨𝐫𝐩𝐨𝐫𝐚𝐭𝐞 𝐋𝐚𝐰 𝐌𝐚𝐥𝐭𝐚: 𝐔𝐧𝐝𝐞𝐫𝐬𝐭𝐚𝐧𝐝𝐢𝐧𝐠 𝐏𝐥𝐞𝐝𝐠𝐢𝐧𝐠 𝐨𝐟 𝐒𝐡𝐚𝐫𝐞𝐬 Under Maltese law, shares can be pledged with clear guidelines on: ✅ Registration with the Malta Business Registry - MBR ✅ Shareholder rights during the pledge (voting, dividends) ✅ Enforcement options, including share disposal or appropriation This mechanism supports financial security, business growth, and asset protection. Read more here: https://lnkd.in/dGj-XAHv #GTG #CorporateLaw #Malta #SharePledging Josef Cachia Fenech Gonzi l Karl Cauchi