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ARTICLE · 29 JANUARY 2015

Corporate Transparency

The need for companies to know their shareholders – and the potential penalties on shareholders who provide inaccurate responses.

United KingdomCorporate/Commercial Law

The need for companies to know their shareholders – and the potential penalties on shareholders who provide inaccurate responses.

The Court of Appeal recently held in JKX Oil & Gas plc v Eclairs Group Limited that a board's power to prevent shareholders from voting at a general meeting, exercised by the board in the belief that such shareholders had responded inaccurately to notices for requests for information, may be exercised by the board regardless of the purpose for which that power was exercised.

Relevance for private limited companies

  • This judgment related to the service by a premium listed company of a request for information about interests in its shares, known as a section 793 notice, on certain of its shareholders – but it may well become relevant for private limited companies too

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