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In corporate law in Commonwealth countries, an oppression remedy is a statutory right available to oppressed shareholders. It empowers the shareholders to bring an action against the corporation in which they own shares when the conduct of the company has an effect that is oppressive, unfairly prejudicial, or unfairly disregards the interests of a shareholder. It was introduced in response to ''Foss v Harbottle'', which had held that where a company's actions were ratified by a majority of the shareholders, the courts will not generally interfere. It has been widely copied in companies legislation throughout the Commonwealth, including: : * the ''Canada Business Corporations Act'', and : * the ''Corporations Act 2001'' of Australia ==Introduction in the UK== An oppression remedy, intended to operate as an alternative to winding up a company, was adopted as s. 210 of the ''Companies Act 1948'',〔Now of the ''Companies Act 2006''〕 which declared: In the ''Companies Act 2006'', the relevant provision is expressed in s. 994 (and the Secretary of State has similar authority under s. 995): Conduct that is considered to constitute "unfair prejudice" has been given a broad interpretation, which can include: : * exclusion from management in circumstances where there is a legitimate expectation of participation; : * the diversion of business to another company in which the majority shareholder holds an interest; : * the awarding by the majority shareholder to himself of excessive financial benefits; and : * abuses of power and breaches of the Articles of Association. The conduct is not confined to a specific group. In ''Re HR Harmer Ltd'', Jenkins LJ noted that the definition is "wide enough to cover oppression by anyone who is taking part in the conduct of the affairs of the company whether ''de facto'' or ''de jure''."〔() 1 WLR 62 at 75〕 Therefore, it can cover the actions of: : * directors, : * a controlling shareholder, : * persons with ''de facto'' control of the company, : * a class of shareholders, or : * conduct of a related company. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Oppression remedy」の詳細全文を読む スポンサード リンク
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