الملخص الإنجليزي
This study addressed the legal protection of minority shareholders in
public joint-stock companies. It covered several legal issues, including
paying attention to the protection of minority shareholders’ rights in
decision-making structures due to their underrepresentation, as well as
discussing the challenges and problems faced by minorities within the
company and their impact.
The study highlighted potential problems faced by minorities in
public joint-stock companies, such as underrepresentation in decisionmaking structures, limited access to necessary information, restricted
ability to influence important decisions, and safeguarding their financial
interests. These issues lead to an imbalance and inequality among
shareholders, prompting questions about the legal protection of minority
shareholders’ rights under Omani law?
To address this, the researcher followed a descriptive method to
clarify legislative and judicial concepts related to minority shareholders’
protection. Additionally, an analytical approach was used to analyze legal
texts related to the study’s topic. A comparative method was also employed
by comparing national legislative texts with other laws that address the
legal protection of minority shareholders.
The study concluded that the purpose of protecting minority
shareholders is to safeguard them from decisions made by the majority of
shareholders when exercising their authority in company management.
Such decisions may harm minority shareholders or benefit the majority.
Additionally, the study found that each shareholder has the right to file
liability claims to invalidate arbitrary decisions and seek compensation for
any harm suffered. The study also recommended several measures,
including the necessity of limiting the general assembly to a specific period
during which it must distribute net profits to shareholders by adding a
specific duration for distribution in Article (129) of the Omani Companies
Law. Furthermore, the study suggested defining the concept of the
company’s interest by emphasizing that the company’s interest prevails
over the shareholders’ interests and invalidating any actions or decisions
that contradict it.
