RE: Petitions - Company law.2 May 2023 01:14
In a PLC the right of the shareholder exists, but is only to own the share, not the company itself, and they're very different things. Furthermore, the wording of the petition is ambiguous, because it states 'beneficial shareholder', but there is no such legal entity, what you will find for the majority of ordinary shareholders is that they are 'nominee shareholders' as they buy and sell their shares through a broker who creates a company for that said purpose. The registered owner of the shares is the broker who holds them for the benefit of another who is the beneficial owner, not a 'beneficial shareholder'. Anyhow, I'm done with arguing it except to say that legal terminology is key here and my view is the petition will be thrown out for a number of reasons, not least because if your shares are held through a nominee account, then it's for the broker to communicate with the company regarding voting rights, communications with shareholders etc, and it's the broker the company will communicate with if your shares are held in a nominee account.