Friday 18 April 2014

12.8.7 (Rights of a Member)

A member of a company has a number of rights vis-a-
vis the company. These are conferred on him either by the Act or by the Articles of the company. Some of the most important rights of a member are:

            (i) To have the certificate of shares held ready for delivery to him within three months from the date of allotment;

            (ii) To have his name entered in the register of members if it had not been entered or has been wrongly removed;

            (iii) To transfer shares subject to the provisions of the Act and the articles;

            (iv) To receive notices of meetings, to attend meetings and to vote threat (either in person or by proxy);

            (v) To inspect the register of members and register of debenture holders and get extracts there from (s.163);

            (vi) To obtain copies of memorandum and articles on request and payment of the prescribed fees;

            (vii) To have the first option to buy any new shares on a further issue of shares by the company (s.81);

            (viii) To participate in the election of directors and appointment of auditors;

            (ix) To get a copy of the balance sheet and profit and loss account 21 days before the Annual General Meeting;

            (x) To apply to the Court to have any "variation of shareholders' rights" set aside (s.106);

            (xi) To obtain, on request, minutes of proceedings at general meetings (s.196);

            (xii) To participate in the removal of directors by passing an ordinary resolution (s.284);

            (xiii) To petition to the Court for prevention of mismanagement and oppression (s.399);

            (xiv) To petition to the Court for an order of injunction restraining the directors from going ahead with an ultra virus act;

            (xv) To petition for compulsory winding up;

            (xvi) To participate in passing a special resolution for voluntary or compulsory winding up;

            (xvii) To participate in the surplus assets, if any, on the liquidation of the company.

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