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Rights of minority Shareholder

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tg310 View Drop Down
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Joined: 23/May/2012
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  Quote tg310 Quote  Post ReplyReply Direct Link To This Post Topic: Rights of minority Shareholder
    Posted: 23/May/2012 at 15:32
Hi all,

I'm wondering if anyone can give me some advice ? I have a minority shareholder (20%) who is not active in any way in the company. He has recently requested financial accounts going back to 2008.

My question is ; (a) is he entitled to immediate access to books on his request and (b) can he force an audit of books ( based on little but malace ? )

Thanks for your assistance,

 

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rambler1 View Drop Down
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Joined: 01/May/2006
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  Quote rambler1 Quote  Post ReplyReply Direct Link To This Post Posted: 23/May/2012 at 17:15
yes section 247A of the corporations code gives a shareholder the right to inspect the books ( not immediate but within a reasonable time) and a shareholder can order that the books be audited ( not retrospectively obviously) as well under Section 293 providing he has more than 5% holding.

The court will enforce this if tested
Sorry minority shareholders can be soooo painful unfortunately

Edited by rambler1 - 23/May/2012 at 17:20
Luke 11 46: Woe unto you also, ye lawyers! For you load men with burdens that are difficult to carry, and you yourselves won't even lift one finger to help carry those burdens.

 

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tg310 View Drop Down
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  Quote tg310 Quote  Post ReplyReply Direct Link To This Post Posted: 24/May/2012 at 09:35
Thanks Rambler1,, appriciate your reply on this. Another question if I may,,, if a minority shareholder forces an audit,,, who is responsible for the cost of audit ? Common sense could dictate that the person calling the audit would carry the costs but of course much of the dealings of disgruntled shareholders seem to lack common sense !! Is the entitlements for an audit based only on current finanaicl year or how far back can they go ? We fear that a shareholder will waste a lot of time and money as he is making a play for us to purchase his shares at an over-inflated price,,

Thanks again in advance,

 

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rambler1 View Drop Down
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  Quote rambler1 Quote  Post ReplyReply Direct Link To This Post Posted: 24/May/2012 at 17:34
the cost of the audit is borne by the company unfortunately

you cant audit the current financial year untill its complete so the request will refer to the prior year.

They cannot go back to older years as the request for an audit for that year must be lodged no later than 12 months after the end of the financial year

Luke 11 46: Woe unto you also, ye lawyers! For you load men with burdens that are difficult to carry, and you yourselves won't even lift one finger to help carry those burdens.

 

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Pre/Post Nuptial Agreements, fully certified & enforceable - $1,350

De Facto Agreements, fully certified & enforceable - $1,350

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Divorce and Family Law Kit - case studies & property settlement calculator - $49.95

Consent Orders - financial separation and parenting orders - $725 - full paralegal service

 

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