Question
1 Do the investors have a right to the repayment of their money they have invested in Amaanat or they must continue to wait as no buyers exist and offers presented to buy are very much prejudicial?
Answer
In a Shirkat (Partnership) venture, investors are not repaid their investment. They are paid their respective shares of the profits. Their shares extend to the assets of the Partnership. If for example, a partner is a 5% shareholder, then he owns 5% of the total assets of the Business. He receives 5% of the net profit.
Denying the shareholders their profit share is zulm and haraam. The board
of directors are guilty of khiyaanat (abuse of trust). They are not the owners of the assets. They have no right to invest and deal with the assets in conflict with the instructions of the shareholders. The board of directors of this haraam company has absolutely no right to manipulate the assets as if they are the owners. It is Waajib to pay all the shareholders in terms of their shareholding.
- Source
- themajlis.co.za
- Published in
- themajlis.co.za Q&A
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