Seen But Not Heard? The Significance of Shareholders Under Pt 5.3a of the Corporations Act

Insolvency Law Journal, Vol. 16, p. 222, 2008

University of Queensland TC Beirne School of Law Research Paper No.10-27

14 Pages Posted: 14 Aug 2010 Last revised: 12 Sep 2010

See all articles by Colin J. Anderson

Colin J. Anderson

Queensland University of Technology - Faculty of Law

David S. Morrison

The University of Queensland - T.C. Beirne School of Law

Date Written: 2008

Abstract

The article considers the interests of company members as stakeholders in the event of a company entering voluntary administration and suggests that while shareholders hold a residual interest, they nonetheless have an interest in ensuring that that the company is rescued and perhaps therefore have a role to play in the rescue of the company’s business. In doing so it argues that there is some inconsistency in recent changes in Ch. 5 regarding the role of shareholders with some changes recognising their role while others have sought to downplay it.

Keywords: shareholders, voluntary administration, insolvency, companies

JEL Classification: K22

Suggested Citation

Anderson, Colin J. and Morrison, David S., Seen But Not Heard? The Significance of Shareholders Under Pt 5.3a of the Corporations Act (2008). Insolvency Law Journal, Vol. 16, p. 222, 2008, University of Queensland TC Beirne School of Law Research Paper No.10-27, Available at SSRN: https://ssrn.com/abstract=1656886

Colin J. Anderson

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia
+61 7 3138 1099 (Phone)
+61 7 3138 2121 (Fax)

David S. Morrison (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
101
Abstract Views
763
rank
360,344
PlumX Metrics