Is the Initiation Made to Incorporate the Class Action Suits under section 245 of the Companies Act, 2013, Working or not for the Shareholders in the Company?

Authors

  • Moonmoon Malik

Keywords:

Company,, Directors,, Shareholders.

Abstract

In this new development era there is a member of issues which are one of the gaining importance in this period. The Corporate World is surrounded by the two entities namely the Directors and the Shareholders. There are a number of legislation which have been incorporated for these entities. As they are two important pillars and they should be given equal importance as well as protection. It has been noticed that the Directors and Shareholders, as always been creating an issue as to whom authority has been given equal justice. The relationship between the Directors as well as the Shareholders has been sometimes friends and sometimes “good enemies’.
The Corporate world is always dreams of a healthy relationship between the Directors and Shareholders. Similarly, type of relations also exists in the society is the relationship of the employer and employee. For example, the relationship between the employer and employee in the labour unit. There is also a similar kind of fight which has been experienced in this particular. It has been noticed that the labourers form trade union in order to fight against the in justice in a legal way. There is a particular law which has been incorporated long back i.e. the Trade Union Act, 1926, where the number of members need to register themselves, under this Act which will provide protection to them, where there is a justice.
So looking in the particular situation, i.e. between the employer and employee in the labour unit, a legislature provide justice. One important concern which need an importance is that a trade union needs to form i.e. it is a structure of members which has been created for the purpose of securing and protection the interest of the workers on a collective voice. Same can be incorporate in Corporate World? Therefore, this article would revolve around the issue whether forming of class of shareholders will be appropriate in the corporate world.
  

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References

Shout, L. A. (2012). The Shareholder Value Myth. San Francisco: Berrett-Koehler Publishers, Pg 33.

Jesse Eisinger, “Challenging The Long-Held Belief in „Shareholder Value”, New York Times (June 27, 2012); Joe Nocera, “Down With Shareholder Value,” New York Times (August 10, 2012); Andrew Ross Sorkin, “Shareholder Democracy Can Mask Abuses,” New York Times (February 25, 2013).

http://smallbusiness.chron.com/classaction-vs-derivative-shareholder-lawsuits-72779.html (last accessed on 12-02-2018)

https://www.thehindubusinessline.com/markets/stock-markets/satyam-scam-pws-saga-of-ignored-red-flags/article10027012.ece (Last accessed on 2-02-2018)

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Published

28-02-2018

How to Cite

Moonmoon Malik. (2018). Is the Initiation Made to Incorporate the Class Action Suits under section 245 of the Companies Act, 2013, Working or not for the Shareholders in the Company?. Research Ambition an International Multidisciplinary E-Journal, 2(IV), 20–29. Retrieved from http://researchambition.com/RA/index.php/ra/article/view/66

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Articles