Share Transmissions and Pre-emption Clauses

Share Transmissions and Pre-Emption Clauses Longbow Law Corporation

Pre-emption clauses are typically used to exclude outsiders from the affairs of the company. However, such clauses, if not given due consideration at drafting stage, may have unintended consequence of thwarting parties’ succession plans. It is not uncommon, in share disputes, that opposing parties contest the applicability of a pre-emption clause. In the recent case […]