The protection of the minority rights of shareholders

Abstract

This thesis represents an attempt to deal critically but constructively with much of what is relevant to the problem of the protection of the minority shareholder in limited liability companies registered under the U.K. Companies’ Act of 1948 and under the Maltese Commercial Partnerships Ordinance of 1962. The question of publicity and access to information has not been dealt with specifically, but, inasmuch as it necessarily forms the essential basis of cost minority safeguards, it has been adverted to often during the course of the discussion. Many of the matters discussed come under the general heading of “Management and Administration", with regard to which Maltese Company law has been modelled on the English Act of 1948. While the thesis contains comparative elements, it cannot strictly speaking be termed a comparative study. The approach has been first and foremost to examine English company law and to comment on its applicability or otherwise to the Maltese situation. Reference to English case-law is singularly important for a proper understanding of the complex issues involved. The writer has also referred to other systems of law where such reference seemed appropriate. The writer's aims will have been achieved if this thesis fosters in Malta a more widespread awareness and understanding of the problems discussed, stimulates the thought and consideration which the subject merits, and hastens the day of legislative innovation and reform.