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Majority of Minority Approval

As an example, if the discussion is around the provisions of the (Indian) Companies Act, then, the threshold limit of more than 50% will be relevant for passing a resolution with a simple majority or not less than 75% for passing of a special resolution. Whereas in case of oppression and mismanagement, the rights of the minority shareholders are recognized at (a) 10% shareholding or not less than 100 members of the company or 10% of the total number of its members, whichever is less, in case of companies having share capital [Section 244(1)(a), Companies Act, 2013] and (b) 20% of the total number of members, in case of a company without share capital [Section 244(1)(b), Companies Act, 2013]. The Companies Act also provides rights to a group of the affected class of shareholders for initiating class action suits [Section 245, Companies Act, 2013].

Source: Barandbench

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