Proposing a Solution Essay Example | Topics and Well Written Essays - 1000 words

Proposing a Solution - Essay Example However, Muslims suffer from outrageous discrimination and oppression in German society, which is the blatant violation of human rights entrenched by some United Nations conventions (I suppose there are some). Well, we cannot overlook the fact that, compared to other European countries, Germany provides relatively wide range of opportunities for immigrants’ employment; but Muslim immigrants face barriers in employment related to their religion and ethnicity (Muehe 21), which endangers their welfare and ability to earn their living in the host country. German employers show profound bias in their policy, for they would rather hire a jobless German meeting the requirements than an immigrant worker, who will inevitably the very last resort. This unfair policy seems very controversial, for â€Å"since the 1990s, analysts have pointed to Germanys ongoing need for immigrants to bolster economic development and maintain a dynamic workforce, given the rapid aging of the countrys popu lation† (Oezcan). In other words, don’t Muslim workers deserve equal employment prospects after all they have done for Germany? Moreover, Muslims experience vast cultural and religious discrimination in German environment, which gradually forces them to integrate and assimilate via various sadistic language courses and governmental integration programs. German government first admits Muslim immigrants into the country and then considers five or six million of them a problem that needs to be handled. Muslims experience blatant rejection of their religion and are virtually forced to hide their Islamic centers in unmarked buildings on the outskirts of the cities (Brenner), and the number of mosques in Germany is unbelievably small: Berlin, the great capital if this tolerant state hosts only four big mosques! Muslims are violently persecuted by anti-fundamentalist activists of German descent: for instance, peaceful

Company Law shareholders Case Study Example | Topics and Well Written Essays - 1000 words

Company Law shareholders - Case Study Example Remedies available to Samantha are bringing action section 994 (old459) of the Companies Act meant for Minority Shareholders' petitions against the directors' misrule etc. and also a derivative action. From time immemorial, minority shareholder has been discouraged to take action against the directors on the grounds of company being run on majority concept and on the basis of action if any should be taken only by the Company on the directors and not the shareholder in individual capacity. In Foss v Harbottle1, it was observed by the court that minority should rather take necessary action through the internal forum of company meetings. Wigram VC stated that in view of the majority rule, any unlawful conduct of the directors was capable of being ratified by the majority and that it was not possible for the court to intervene. The only exception to the rule as observed by Jenkins LJ in Edwards v Halliwell(1950)2, could be that the minority shareholder should show that the directors accused of fraud were actually in control of the company rather than merely maintaining that majority could not lawfully ratify the wrong acts of the directors.3 In Ebrahimi v Westbourne Galleries Ltd4, th e minority shareholder Ebrahimi sued on the basis oppression of minority and winding up on just and equitable grounds. The second one was accepted by the court holding that individual's rights should be respected and the rights were not necessarily submerged by the artificial corporate entity context. The minority shareholder Samantha is of the opinion that the purchase of the property of Pastry Products for 450,000 by Filo Ltd is prejudicial to its interests and now she has learnt that both the directors are together holding 44%(each 22%) of shares of that company and the proceeds of the sale of the property have been used for payment of that company's dividends. Regulation 81(a) of Table A of Articles Filo Ltd has adopted, governs removal of directors along with other regulations from 81(b) to (e). Regulation 81(a) says "the office of a director shall be vacated if-(a) he ceases to be a director by virtue of any provision of the Act or he becomes prohibited by law from being a director"5 Besides, a director enjoys immunity as per regulation 118 which indemnifies every director against liability incurred by way of defence to any civil or criminal proceedings in case of judgment or reliefs in his favour. On the other hand a person conducting shareholder litigation has to meet costs from his own sources in case of the derivative claim being rejected by the court. As per the new Act's section 172 which came into force from October 1, 2007, directors must "promote the success of the company for the benefit of the members as a whole"6 as against the earlier parallel provision that they should act "in the best interests" of the company. Government has clarified that "to promote the success" means "long-term increase in value" though this is subject to being confronted by a competing definition from potential litigants. Under Section 175 of the new Act, director has duty to avoid conflict of interests. There should not be a situation involving exploitation of any property, information, or opportunity whether or not they are advantageous to the company. The acquisitioning of the property by Filo Limited from Pastry Products in which both of the directors hold 44% of shares falls under this section. Further it has been stated that