A Study On The Remedies For Minority Shareholders Under The Canadian Corporation Law

The mechanism for the sufficient protection of the legitimate rights of the minority shareholders has been a continuous subject for the research of the scholar community in corporation law.When considering the specific circumstances of each country historically,a simple fact can be spotted that there do exit some degree of the remedies for the minority shareholders under the situation in which their rights have been violated by the majority shareholders or the directors of a certain company.The so called “Oppression Remedy” saw its beginning in section 210 of the 1948 U.K.Companies Act and it is now the symbol of the remedy scheme for minority shareholders under the Canadian corporation laws,federally or provincially speaking.Indeed,the main purpose for writing this thesis is to illustrate a complete image of the Canadian version of the Oppression Remedy and to discuss how we can import this institution to China.The first part of the thesis is going to discuss the English legacy for the Canadian version of the Oppression Remedy and it consists of three parts,namely the English statutory Oppression Remedy-the section 210 of the UK Companies Act 1948,the Oppression Remedy in English common law and the typical cases decided by s.210 of the Companies Act 1948,as well as the legislative and judicial history of the formation process of the Canadian version of the Oppression Remedy.The second part is going to discuss the current status of the Canadian Oppression Remedy,and the third part is going to discuss the characteristics of the Canadian Oppression remedy and finally the forth part of the thesis is going to make a comparison between the Canadian and Chinese remedies for minority shareholders and to consider the reason why we should introduce the Oppression Remedy to China.Finally,an ultimate estimate is going to make to end the discussion of the Thesis.