The individual shareholder lawsuit against the board of directors in shareholding company

Volume 7 , Issue 2 , December 2019 , Pages 454-484

Authors

Abdulbasit Kareem Mawlood 1

1 Law Department, Tishik international university, Erebil- Kurdistan Region of Iraq.

DOI logo 10.17656/jlps.10165

Keywords

Abstract


The shareholder, when instituting an individual claim and claiming compensation from members of the Board of Directors, may not agree to the contrary, starting with the Contract of Establishment of the Private Shareholding Company or pursuant to any subsequent agreement. If the board of directors, as en entity, or one of its members commits an error that directly or indirectly inflicts damage on one or more of the shareholders, the affected person may institute the (individual) liability claim and claim compensation for the damage caused to him. Through this research we have reached many conclusions, which necessitates serious review of the amended Iraqi Companies Law No. 21 of 1997, in order to fill the shortcomings and gaps therein in relation to the individual shareholder claim and making it one of shareholder's right to claim compensation when he/she sustains damage from board of directors of the private shareholder company.

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  • Published at22 December 2019

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