Monday, March 15, 2010

Minority shareholder rights Ultra Vires Act

Fraud on the Minority;reconginzed argument when there is an expropriation of corporate assets

Ultra Vires concerns: (founding documents restrictions) Articles of incorporation - multi voting shares et, general law, legal violation, restrict majority





2.3 cents on the dollar for Canwest shareholders &

http://www.theglobeandmail.com/report-on-business/in-canwest-battle-all-roads-lead-to-goldman/article1475088/
Quote, "[Atlantis purchase] resulted in one of the most horribly lopsided contracts since the Dutch bought Manhattan – a deal so bad that to this day it hangs, like a foul stench, over the courtroom where lawyers now fight over the carcass of the late Izzy Asper’s once-grand empire."

Quote, "[Y]ou’d never know that Canada is a country in which, technically, it’s illegal for a foreign entity to control media assets." "One party – Goldman – had a great deal of upside, but limited downside. CanWest, on the other hand, had all of the pressure of trying to squeeze as much out of the assets as possible, but all the risk if it went badly. CanWest shareholders, events later proved, had unlimited downside[.]"