Document Type : Research Paper

Authors

1 Associate Professor of Private Law, Allameh Tabataba’i University, Tehran, IRAN.

2 Ph.D. Department of Private Law , Allameh Tabataba’i University, Tehran, IRAN Email: beygiah@yahoo.com

3 Ph.D. Department of Law, Tarbiat Modares University, Tehran, IRAN

Abstract

Equity firms have been emerging economically more than other firms in the legal and economic areas. Given the fact that the majority of the people in the society can be regarded as the members of these firms in various ways, they have enjoyed great satisfaction with the majority of the people. The present study aims to evaluate the minority shareholder's rights in the context of the decomposition of joint stock firms, as well as the related effects and judgments in the legal system of Iran and England. The study of the two legal systems indicates that, unlike English law, there is no specific provision regarding the decomposition of commercial enterprises, especially non-governmental organizations. In addition, based on English law, there are appropriate provisions for protecting minority shareholders, particularly in the case of corporate analysis. However, as far as Iran law is concerned, there are a few provisions in favor of a minority shareholder and the necessary support for a minority shareholder has been considered in the trade bill.
Therefore, comparing the laws and regulations of the two countries can lead to many challenges and ambiguities in mergers and divisions of joint stock companies

Highlights

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Keywords

English resources:
-     Adams, Trevor, Morris, Christopher, Business Law and Practice, (UK: College of law, 2010).
-     Alan J., Andrew Hicks, “Hicks & Goo's Cases and Materials on Company Law”, (UK: Oxford University Press, 2011).
-     Birds, John, Boardman, Nigel, Annotated Companies Legislation, (USA: Oxford University Press, 2013).
-     Bork, Reinhard, Rescuing Companies in England and Germany, (UK: Oxford University Press, 2014).
-     De Luca, Nicola, European Company Law Text, Cases and Materials, (UK: Cambridge Press, 2017).
-     Dignam, James Kirkbride , Smallman, Clive, “Minority Shareholders And Corporate Governance: Reflections On The Derivative Action In The Uk, The Usa And In China, International Journal Of Law And Management”, (New Zealand , Vol. 51 No. 4, 2009).
-     Joffe, Victor, Drake, David, Richardson, Giles, Collingwood, Tim, Lightman, Daniel, Minority Shareholders: Law, Practice and Procedure, (USA: Oxford University Press, 2013).
-     Jones, Lucy, Introduction to Business Law, (UK: Oxford University Press, 2017).
-     McLaughlin, Susan, Unlocking Company Law, (UK: Routledge, 2015).
-     Newington-Bridges, Charlie, “Unfair Prejudice Petitions and their interaction with Derivative Claims”, (UK: 2016).
-     Ottley, Mike, Q&A Company Law, (USA: Routledge, 2016).
-     Payne, Jennifer, Schemes of Arrangement: Theory, Structure and Operation, (UK: Oxford University Press, 2014).
-     Ridley, Ann, Shepherd, Chris, Company Law (Key Facts Key Cases),(UK: Routledge, 2015).
-     Samad, Mahmud, Court Applications Under the Companies Acts,(UK: Bloomsbury Professional, 2013).
-     Schmidt, Jessica, Directive general for internal policies policy department, ( European Parliament , 2016)