Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court determines, by way of special summons for the construction of a shareholders' agreement: (a) that it was necessary for all parties to execute a 'deed of adherence' in order for a transferee of shares to be entered in the register of members of the company; and (b) that the company and each of the shareholders were under a legal obligation to execute such deed in respect of a valid family transfer of shares.
Special summons - construction of shareholders agreement - whether necessary for parties to agreement to execute a "deed of adherence" before registering a family transfer of shares by entering the name of a proposed transferee in the register of members - desire of one shareholder to transfer shares to family-owned company - desire of other shareholder to transfer shares to other company - whether deed of adherence to be signed by all shareholders - preliminary objection - whether company had standing to bring proceedings - whether a "necessary action" within the meaning of the agreement - whether, if deed of adherence required all parties to sign, all parties were under an obligation to sign - issue not raised in special summons - draft deed of adherence annexed to agreement - names of all parties included in draft deed - principles of interpretation - right of veto or obligation to execute - whether requirement gave rise to a right of veto to other shareholders - whether deed of adherence was enforceable without execution.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now