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Sweet, Ness and Light Pty ltd has been making chocolates in Perth since 1923. The company was commenced by Ivan Light (now deceased) and had

Sweet, Ness and Light Pty ltd has been making chocolates in Perth since 1923. The company was commenced by Ivan Light (now deceased) and had a member of the Light family as chair of the board ever since. Presently William (Bill) Light is chair. The other shareholders are Bill’s sons Jack and Daniel and their wives, Yvette and Jacinta. There are two non-shareholders: the longtime company secretary Maxwell sweet and Ivan Light’s former business associate Elliot ness. Jacinta has harboured feelings of powerlessness as Bill’s sons lamely follow whatever their father wants with company matters. Elliot takes no active interest in the company, and Maxwell maintains absolute loyalty to bill when it comes to company decisions. At a general meeting last week, members voted on Bills proposal to not pay dividends out of recent profits, but to reinvest them. This is the fourth year in a row that Bill has done this with the members’ approval. In another resolution, the company decided to restructure its shares. There are to be additional shares that will only be available to Bill, jack, Daniel, Maxwell and Elliot. The reason is that Yvette and Jacinta are seen as threats to the company if their marriages should fail. Maxwell and Elliot are unlikely to take up the additional shares and jack and Daniel are speaking to their financial advisers about their ability to invest more money into the company. Jacinta sees this latest move as the ‘last straw’. Advise Jacinta on her legal position as a member. 

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