All sections · Part XV: Protection Of Members
262 委员向初审法院提起诉讼的权力
(1) 公司的成员可根据第264条向法院申请命令,理由是
(a) 本公司的事务已经、正在或可能以压迫性的、不公平的歧视性的或不公平的损害他作为成员的身份的方式进行。
(b) 本公司的任何实际或拟议的行为或不行为(包括代表本公司的任何行为或不行为)是或可能是压迫性的、不公平的歧视性的或对其作为成员的身份有不公平的损害;或
(c) 本公司或本公司任何董事已从事或拟从事违反本法或本公司组织章程的行为。
(2) 本部的规定适用于非公司成员但因法律的实施而获得公司股份转移或转让的人,正如这些规定适用于公司的成员一样;而对一个或多个成员的提及应据此解释。
(a) 本公司的事务已经、正在或可能以压迫性的、不公平的歧视性的或不公平的损害他作为成员的身份的方式进行。
(b) 本公司的任何实际或拟议的行为或不行为(包括代表本公司的任何行为或不行为)是或可能是压迫性的、不公平的歧视性的或对其作为成员的身份有不公平的损害;或
(c) 本公司或本公司任何董事已从事或拟从事违反本法或本公司组织章程的行为。
(2) 本部的规定适用于非公司成员但因法律的实施而获得公司股份转移或转让的人,正如这些规定适用于公司的成员一样;而对一个或多个成员的提及应据此解释。
Translation for information only. Only the English original is legally binding.
Original wording (English, legally binding): Power for member to apply to Court
(1) A member of a company may apply to the Court for an order under
section 264 on the ground that —
(a) the affairs of the company have been, are being or are likely to
be, conducted in a manner that is, or is likely to be, oppressive,
unfairly discriminatory, or unfairly prejudicial to him in his
capacity as a member;
(b) an actual or proposed act or omission of the company
(including an act or omission on its behalf) is, or is likely to be,
oppressive, unfairly discriminatory, or unfairly prejudicial to
him in his capacity as a member; or
(c) the company or a director of the company has engaged in, or
proposes to engage in, conduct that contravenes this Act or the
memorandum or articles of the company.
(2) The provisions of this Part apply to a person who is not a member of a
company but to whom shares in the company have been transferred or
transmitted by operation of law, as those provisions apply to a member
of the company; and references to a member or members are to be
construed accordingly.
section 264 on the ground that —
(a) the affairs of the company have been, are being or are likely to
be, conducted in a manner that is, or is likely to be, oppressive,
unfairly discriminatory, or unfairly prejudicial to him in his
capacity as a member;
(b) an actual or proposed act or omission of the company
(including an act or omission on its behalf) is, or is likely to be,
oppressive, unfairly discriminatory, or unfairly prejudicial to
him in his capacity as a member; or
(c) the company or a director of the company has engaged in, or
proposes to engage in, conduct that contravenes this Act or the
memorandum or articles of the company.
(2) The provisions of this Part apply to a person who is not a member of a
company but to whom shares in the company have been transferred or
transmitted by operation of law, as those provisions apply to a member
of the company; and references to a member or members are to be
construed accordingly.