if company cannot change the consitution can the comany take shares from robert?
Robert acquired 2000 shares in his own name and 6000 shares in the names of nominees. This gives Robert 24.65% of the voting power of the company. The shares have been registered in the names of nominees because the Board did not know of the nominees. Robert is a former director and also holds preference shares issued to him when he initially joined the company board of directors. There are six current directors. The three who have been directors since the company was first set up also hold preference shares.
How can the shares be registered in the names of the nominees if they did not know their names?
Voting goes to the names on the shares. Period. Robert does not own them.
In this scenario, it seems that Robert has acquired 2000 shares in his own name and an additional 6000 shares in the names of nominees. This means that Robert has a total of 8000 shares, giving him 24.65% of the voting power of the company.
Now, the question is whether the company can take shares from Robert. This depends on various factors, including the company's constitution and applicable laws. If the company's constitution or any agreements between the company and Robert allow for the company to take back or acquire shares from shareholders, then it may be possible for the company to do so.
To determine whether the company can take shares from Robert, you would need to review the relevant documents, such as the company's constitution, shareholder agreements, and any applicable laws or regulations. These documents outline the rights and obligations of the company and its shareholders, including the conditions under which shares can be acquired or transferred.
Regarding the registration of shares in the names of nominees without knowing their names, this situation is uncommon. Normally, shares are registered in the name of the individual or entity that owns them. If shares are registered in the names of nominees, it implies that these individuals are holding the shares on behalf of Robert but their identities are not disclosed to the company. This arrangement might have been made for various reasons, such as maintaining confidentiality or allowing for potential future transfers of those shares.
To fully understand the reasons behind registering shares in the names of nominees without knowing their identities, it would be necessary to review the relevant documentation, including any agreements between Robert and the nominees. This information may shed light on the purpose and implications of this arrangement.
In conclusion, whether the company can take shares from Robert depends on the company's constitution, applicable laws, and any agreements in place. To determine the specific rights and obligations regarding share ownership and transfers, a thorough review of the company's constitution, shareholder agreements, and other relevant documents is necessary. Similarly, understanding the rationale behind registering shares in the names of nominees without disclosing their identities would require a review of the related documentation.