28.1 A WHO CAN INITIATE
Who Can Initiate a Derivative Action?
According to Section 165 of the Companies Act, the following parties may serve a demand upon a company to initiate or continue legal proceedings
- Shareholders or individuals entitled to be registered as shareholders of the company or a related company.
- Directors or prescribed officers of the company or a related company.
- Registered trade unions representing the company’s employees, or other employee representatives.
- Any other person granted leave by the court, provided the court deems it necessary to protect their legal right