Is central management determined based upon the exercise of control over a company?
British Columbia, Canada
The following excerpt is from Stewart v Stewart, 2017 BCSC 1532 (CanLII):
Central management is determined based upon the exercise of control over a company, not the management of its day-to-day operations: Right Business Limited v. Affluent Public Limited, 2011 BCSC 783 at paras. 34-36, 40 [Right Business].
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a managing director of a company acts in breach of his fiduciary duties to the company, does he have to disclose to the purchaser of a part of the company’s business? (British Columbia, Canada)
In what circumstances will management fees be calculated in accordance with the actual amount managed by the management company? (British Columbia, Canada)
What is the difference between a wholly owned company and a company in which the controlling mind is not a controlling mind? (British Columbia, Canada)
Does a formal offer to settle a claim against a plaintiff be apportioned costs based upon division of liability based upon a division of costs based on division of liabilities? (British Columbia, Canada)
What is the fiduciary duty of a director to exercise care and diligence and skill when making decisions about management of a company? (British Columbia, Canada)
What are the relevant factors for determining whether either of two possible jurisdictions would be suitable for the determination of issues raised by the litigation at issue? (British Columbia, Canada)
What are the issues to be determined on an application for summary determination under Rule 18A? (British Columbia, Canada)
On an application for a stay of proceedings pending the s. 257 determination, is the court still able to exercise its discretion? (British Columbia, Canada)
What is the effect of an injunction restraining the wife from selling, disposing of or voting her shares in a company to effect a sale or disposal of the assets of the company? (British Columbia, Canada)
Can a shareholder of a company who is not a director of the company make an application for an oppressive manner? (British Columbia, Canada)
