The Weekly Law Reports
[2013] 3 WLR 1316
Chancery Division
In re
DNick Holding plc
Eckerle and others v Wickeder Westfalenstahl GmbH and another
[2013] EWHC 68 (Ch)
2012 Nov 15;
2013 Jan 23
Norris J
Company— Shares— Rights attached to— Majority resolution to re-register public limited company as private company— Statutory provision allowing dissentient holders of company’s issued share capital to make application for cancellation of resolution— Claimants having beneficial interest in shares but not registered shareholders— Whether “holders of … issued share capital” including those having ultimate economic interest in shares held by nominee— Whether enfranchisement provisions enabling claimants to exercise rights otherwise vested in members— Whether claimants having standing to make application—
Companies Act 2006 (c 46), ss 98(1), 145