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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク Progress Property Co Ltd v Moorgarth Group Ltd ： ウィキペディア英語版 Progress Property Co Ltd v Moorgarth Group Ltd ''Progress Property Co Ltd v Moorgarth Group Ltd'' () (UKSC 55 ) is a UK company law case concerning the circumstances by which a transaction at an undervalue would be considered an unauthorised return of capital. ==Facts== Tradegro Ltd, which owned approximately 75% of Progress Properties, agreed to sell its shareholding in Progress to P, who owned the other 25%. It was a condition of that agreement that Tradegro Ltd would make Progress Properties transfer, under a separate sale agreement, its shareholding in YMS Properties Ltd, a subsidiary of the Progress Properties, to the Moorgarth Group Ltd, a subsidiary of Tradegro Ltd. So at the time of the sale of YMS Ltd its vendor and its purchaser were both under the control of T Ltd. Now led by its new management, Progress Properties alleged that the transfer of its shareholding in YMS Ltd to the Moorgarth had been at a gross undervalue and so was ''ultra vires'' and unlawful as an unauthorised return of capital. It claimed for return of the shares or compensation. It was accepted, however, that the director, Mr Moore, who procured the sale, acting on behalf of both Progress and Moorgarth, had genuinely believed that the sale was at market value. The judge held that, even on the assumption that the sale of YMS Ltd had been at an undervalue, it was a genuine sale, not ''ultra vires'' and not an unauthorised distribution of Progress' assets. The Court of Appeal dismissed the Progress' appeal and held the sale was an intra vires for a proper purpose even if it had been at an undervalue. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Progress Property Co Ltd v Moorgarth Group Ltd」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.