BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.
BRITISH VIRGIN ISLANDS - Mossack Fonseca & Co.
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.