It is therefore evident that the Companies Act 2006 has several changes that are relevant to the protection of the shareholder. The most relevant parts being sections 994 and 996 Creditor protection

Creditor protection is noted by Bachner (2009) as an important element of every company. The changes contained in the Companies Act 2006 are noted to affect the area of creditor protection within the UK companies.

The UK's Department of Business Innovations and Skills (2007) indicated that the UK government via BERR had resorted to amending the Companies Act 1985 as well as the one for 2006 in order to reflect the elements of creditor protection of the new Directive. The particular focus was on shifting the burden of proof from the firms to the creditor whenever they are objecting case of reduction in capital.

The next change to the Companies Act 2006 in regard to creditor protection is the repealing of the financial assistance prohibition for the private companies (Moorcrofts,2012). According to this action, until the October 1st, it was illegal for any company to provide 'financial assistance' to aid anyone in acquiring a stake in the same company. This is regarded as a creditor protection mechanism. This is because a creditor who knows of the risk of exposing themselves in the event that the firm collapsed would themselves shunted down the usual pecking order right behind a bank which is secured.

Conclusion

This review has indicated that the Companies Act 2006 has several changes that affects shareholder as well as creditor protection. It is therefore important for amendments to be made to various clauses and sections in order to reflect the dynamic nature of the corporate governance landscape.

References

Aguilera, R.V. & Jackson G., (2003).Corporate Governance: Dimensions and Determinants

28 Academy of Management Review 447

Ashfords (2010). Guide to Unfair Prejudice Against Shareholders

http://www.ashfords.co.uk/news/shareholders_disputes_guide

Cambridge University Press
Berle, A.A.,(1993)For Whom Corporate Managers Are Trustees: A Note.45 Harvard

Law Review 1365

Birds et al. (2010). Annotated Companies Legislation. Oxford University Press

Birds, J. (2007)The Companies Act 2006 Revolution or Evolution? (2007) 49 Managerial

Carroll, A.B., (1991)"The Pyramid of Corporate Social Responsibility: Towards the Moral

Management of Organizational Stakeholders (1991) Business Horizons 39

Department of Business Innovations and Skills (2009). Companies Act 2006 final implementation -- changes to constitutional documents, including model articles: a summary of what the new approach means.

http://www.bis.gov.uk/files/file53041.pdf

Department of Business Innovations and Skills (2007).Europena Company La and Corporate Governance:Comapmies (reduction of Capital regulation) 2008.

www.bis.gov.uk/files/file41627.PDF

Easterbrook, F.H. And D.R. Fischel, (1991). The Economic Structure of Corporate

Law, Harvard University Press.

Freeman, R.E.(1999)Divergent Stakeholder Theory.24 Academy of Management

Review 233

Hart, O. And J. Moore (1990) Property Rights and the Nature of the Firm. Journal of Political Economy, 98, 4 (1990), 1119-1158.

Jensen, M., Meckling, W., 1976. Theory of the "rm: managerial behavior, agency costs, and ownership structure. Journal of Financial Economics 3, 305}360

Marsden, A (2011). Shareholder Protection from Unfairly Prejudicial Conduct

Case and Statute Citator

Minority Shareholder Solutions (2012).Test of Unfairness.

http://www.minorityshareholdersolutions.co.uk/16/test-of-unfairness

Rodgers, R (2011)Protect Your Pension.Agency Sales; Nov 2011; 41, 11; ABI/INFORM Global