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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3843
Experience:  Solicitors 2 years plus PQE
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I have received an Affidavit of Shareholder application

Customer Question

I have received an Affidavit of Shareholder for an application to apply for leave to bring a Derivative Action. The document that I have to sign uses language such as .. concocted a plan to defraud, ... was clearly a fraud,
Could I be sued for deformation of character if the action was not successful?
Submitted: 3 years ago.
Category: Law
Alex J.
Expert:  Alex J. replied 3 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you. I am a company law expert.
Is this your Affidavit? If so do you actually believe these allegations?
Kind regards
AJ
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Expert:  Alex J. replied 3 years ago.
I have to go offline until 1.30 pm.
Please do not be concerned if I do not respond right away.
I look forward to hearing from you.
Kind regards
AJ
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Customer: replied 3 years ago.

AJ this is not what I was expecting. You have received my payment I need a reply now your are 5 hours behind gmt

Customer: replied 3 years ago.

I already answered your question but I repeat that I am one of a group of 12 shareholders and I believe the allegations . I can't wait until you 1.30 for your reply as you are 5 hours behind and I need to send the document today. The information on Just Answer website led me to believe I would get a response to my question much sooner.
Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
My apologies for the confusion, I can confirm this is a US based Site, however I am a UK based solicitor. I temporarily left my computer for a meeting. I have now returned.
I can confirm that an Affidavit has the benefit of privilege and you cannot be subject to a defamation claim for making allegations in it.
If you make allegations that are deliberately misleading, purely conjecture or just false you could be in contempt of court because you have to have affidavit sworn before a notary (unless it is just a witness statement in which case you will sign a statement of truth in accordance with the civil procedure rules). An affidavit or witness statement should only contain statements of fact pertaining to a persons recollection of those facts. Are you being asked to sign a an affidavit that purports to be your words?
I am experienced in derivative actions under S.260 of the Companies Act 2006 (and minority prejudice claims under S.994) and can assist you with this further if you would like to continue?
I look forward to hearing from you.
Kind regards
AJ
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