Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Dora and Valentina are directors of a company called Guadalajara Pty Ltd (Guadalajara). Notwithstanding that Guadalajara reported a loss more the most recent financial year,

Dora and Valentina are directors of a company called Guadalajara Pty Ltd ("Guadalajara"). Notwithstanding that Guadalajara reported a loss more the most recent financial year, it still has large amounts of cash on its balance sheet. Dora and Valentina are getting a lot of pressure from the company's shareholders to pay a dividend. The company does not have a constitution. What best summarises the rights of the shareholders of Guadalajara with respect to receiving a dividend:

a. If the requirements under s 254T(1) are fulfilled, then the directors may decide to pay a dividend. However, if the directors decide not to the shareholders cannot do anything about it because shareholders are not allowed to interfere with management decisions.

b. If the requirements under s 254T(1) are fulfilled, then the directors may decide to pay a dividend. There is nothing the shareholders can do if they disagree with the decision, unless failure to pay a dividend amounts conduct that is 'oppressive, unfairly prejudicial, or unfairly discriminatory against, a member

c. The shareholders currently have no right to receive, and the directors are not permitted to pay,a dividend because the company did not make a profit in the last financial year.

d. The directors have absolute discretion in relation to deciding when dividends are paid.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Constitutional Law A Contemporary Approach

Authors: Gregory Maggs, Peter Smith

5th Edition

1684675715, 978-1684675715

More Books

Students also viewed these Law questions

Question

Engage everyone in the dialogue

Answered: 1 week ago