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BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.

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118<br />

(b) that the company shall not bear any of the costs.<br />

184E. The <strong>Co</strong>urt may, at any time after granting a member leave under section<br />

184C, make any order it considers appropriate in relation to proceedings<br />

brought by the member or in which the member intervenes, including<br />

(a) an order authorising the member or any other person to control<br />

the proceedings;<br />

(b) an order giving directions for the conduct of the proceedings;<br />

(c) an order that the company or its directors provide information<br />

or assistance in relation to the proceedings; and<br />

(d) an order directing that any amount ordered to be paid by a<br />

defendant in the proceedings must be paid in whole or in part<br />

to former and present members of the company instead of to<br />

the company.<br />

184F. No proceedings brought by a member or in which a member intervenes<br />

with the leave of the <strong>Co</strong>urt under section 184C may be settled or<br />

compromised or discontinued without the approval of the <strong>Co</strong>urt.<br />

184G. A member of a company may bring an action against the company for<br />

breach of a duty owed by the company to him as a member.<br />

184H. Where a member of a company brings proceedings against the company<br />

and other members have the same or substantially the same interest in<br />

relation to the proceedings, the <strong>Co</strong>urt may appoint that member to<br />

represent all or some of the members having the same interest and may,<br />

for that purpose, make such order as it thinks fit, including an order<br />

(a) as to the control and conduct of the proceedings;<br />

(b) as to the costs of the proceedings; and<br />

(c) directing the distribution of any amount ordered to be paid by a<br />

defendant in the proceedings among the members represented.<br />

184I. (1) A member of a company who considers that the affairs of the<br />

company have been, are being or are likely to be, conducted in a manner<br />

that is, or any act or acts of the company have been, or are, likely to be<br />

oppressive, unfairly discriminatory, or unfairly prejudicial to him in that<br />

capacity, may apply to the <strong>Co</strong>urt for an order under this section.<br />

(2) If, on an application under this section, the <strong>Co</strong>urt considers that it is<br />

AE/ET/Pub./bg/03.2007<br />

Powers of<br />

<strong>Co</strong>urt when<br />

leave granted<br />

under section<br />

184C.<br />

<strong>Co</strong>mpromise,<br />

settlement or<br />

withdrawal of<br />

derivative action.<br />

Personal actions<br />

by members.<br />

Representative<br />

actions.<br />

Prejudiced<br />

members.

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