To: Tom Kinakin who wrote (5702 ) 7/25/1999 10:38:00 AM From: CAYMAN Respond to of 6467
LOCK THEM OUT! By: Peterluke_99 YAHOO Post #1667 There some shareholders out there who know how it can be done. I understand that it only takes 5% of the outstanding shares and shareholders to petition a judge to look at the evidence against board members, and if the evidence is found to be contravening shareholder interest, the board can be locked out. The good part is that the board does not even have to be notified of such an event, and takes no part in the proceedings. This is something I have heard from others, and I do not know how to proceed with such a plan. There is a technical or legal name for such an event. I do know that if shareholders don't form a "pot" and open an account of sorts to prepare for whatever may be necessary, then nothing will get done. The cards are stacked so heavily in favour of a company when it comes to a shareholder vote, that the task of winning is very nearly impossible. However, if a judge finds that the shareholder interest has not been met through evidence presented, and the board is locked out, legal proceedings can then begin against board members and all assets. Accounts can be frozen, a forensic audit can be performed, and all sorts of good things can happen while the company stays intact. It has been done in the past, and will become more frequent in the future as shareholders participate more and more in managing their own pension funds through investments in the marketplace. In my humble opinion, only through such an event can a company be moved forward so shareholders can have hope in the future. Should a company decide to sue anyone for any reason regarding even talk of such an event, an immediate counter-suit will force the books open for all to see. Some people worry about the rights or patents. All of these issues are dealt with through the courts, and the company can still proceed without them, as long as the intent is there to satisfy the patent holders on any growth the company has been able to generate. Naturally, this is then negotiable, again through the courts, to that which is reasonable and proper, and which will allow the company to proceed in a profitable manner, and not according to the demands of those holding the rights. There are all sorts of ways this can go. You have nothing to lose, and everything to gain. Cheers, Aardvark ********************************************************************** Canada Business Corporations Act by: sdfast 1668 of 1671 the CBCA may be found at: canada.justice.gc.ca It is difficult to read as there is no Table of Contents, and is about 170 pages long. But it details what Peter is posting about. Thermo Tech is operating under CBCA as of Dec 2,1997, although they were originally incorporated under British Columbia Companies Act (BCCA). Regards, Sheldon