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Companies Law - Highlights / Catch Notes

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Oppression and mismanagement - conduct of due election of the ...


Tribunal Rules on Board Election Mismanagement; Emphasizes Compliance with Articles of Association, No Commissioner Needed for Oversight.

June 29, 2022

Case Laws     Companies Law     Tri

Oppression and mismanagement - conduct of due election of the Board of Directors - Lame excuses to conduct the election cannot be accepted for not conducting the election. The Tribunal cannot be a moot spectator in the matter. In order to give an end to the issue involved and in the interest of justice, it is high time to order for conducting the election to the Board of Directors of the 4th Respondent Company in terms of the Articles of Association of the 4th respondent Company. It is not necessary to appoint a Commissioner for the conduct of such an election, as the administrator is competent to conduct the election. - Tri

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