The Individual Shareholder Oversight in a Public Joint Stock Company in the UAE Law.

Document Type : Original Article

Author

College of Law - University of Sharjah.

Abstract

Joint-stock companies became a common concept in today's business and finance worlds, as they are built on multiple shareholders contributing to the company's capital by owning varied shares. Conflicts of interest between the company's technical and administrative authorities and shareholders have resulted in a slew of issues with shareholders' rights, including the right to know about the company's actions, policies, certified financial statements, and the right to turn to the courts for redress in case of suffering harm. The study aims to identify the scope of the shareholder’s right to get information about the firm in accordance with the UAE regulating law and the jurisprudential trends in that, in addition to identifying the nature of the shareholder’s right in getting information and the mechanisms of the shareholder’s exercise of his right that regard. Additionally, the notion of a lawsuit brought by an individual shareholder, the conditions and repercussions of that litigation, as well as the extent to which provisions and laws are compatible with shareholder rights, will be discussed in depth. According to the study, one of the most prominent non-financial rights is the shareholder's right to information, which states that the shareholder is sufficiently knowledgeable and has a clear understanding of the company's business progress, the nature of its activities, and the projects it undertakes. As well as, informing shareholders should include all information related to the company's work, particularly performance data and accounts related to losses and profits. The study also concluded that the shareholder's individual claim is a personal right of the shareholder, and he has the right to raise it if he is exposed to harm as a result of blocking information whether the claim was raised by an individual shareholder or multiple shareholders. The study also made it clear that this lawsuit must be subject to the general rules of the liability lawsuit, where it is required to prove the harmful act or mistake that occurred by the company's board of directors or management and the subsequent damage, as well as the causal relationship between the act and the result of that act.

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