A member asked almost 9 years ago

Shareholder disagreement with constitutional amendment

I am a shareholder of a company that has recently amended its constitution in a way that negatively effects the rights attaching to my class of shares. What can I do about this?

Ari Katsoulas
Barrister at Ari Katsoulas

Hi, based on the limited facts provided there may be a cause of action for oppression of shareholders under Part 2F.1 of theCorporations Act 2001. The remedies available are outlined in section 233 which include a winding up order or an order for the purchase of shares by certain persons/members of the company. Other remedies may also be available subject to further information.


I note that this is not an advice and is not to be relied upon. If you wish to contact me regarding the issue please be in contact. I have experience as a Barrister in this area and specifically on this point of law.


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Answered almost 9 years ago   Legal disclaimer

Brennan Ong Wai Kaey Soon Janelle Moody Marcus Bagnall
4 lawyers agree with this answer and 2 members found this useful
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