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Commentary

223 Dissenters

COMPANIES vol 11 acquisitions, mergers, demergers
| Commentary

223 Dissenters

| Commentary

223 Dissenters

A dissenting shareholder may obtain an injunction to prevent the carrying out of a reconstruction, merger or division to which he does not consent1. The company may then be forced to consider using the provisions of Section 110 of the Insolvency Act 19862. Even where this procedure is used, the statute protects the interests of dissenting shareholders by providing a mechanism under which they may apply to the court to prevent the reorganisation going ahead. The company’s constitution cannot abrogate or abridge this protection3. A more attractive solution may be to set up a scheme of arrangement under

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