Derivative Actions And Corporate Governance
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Derivative Actions And Corporate Governance In China
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Author : Jingchen Zhao
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-12-06
Derivative Actions And Corporate Governance In China written by Jingchen Zhao and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-06 with Law categories.
This book examines corporate governance rules in China, and highlights the deficiencies in current company law, with the purpose of arguing for a more effective derivative action mechanism, for the benefit of shareholders and their companies.
Derivative Actions And Corporate Governance
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Author : Arad Reisberg
language : en
Publisher:
Release Date : 2007
Derivative Actions And Corporate Governance written by Arad Reisberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Corporate governance categories.
This volume examines the circumstances in which a shareholder can bring an action on behalf of a company (a derivative action), exploring how this remedy may be used to ensure good corporate governance and laying out a theoretical framework and practical guidance for future development of the law.
The Derivative Action In Asia
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Author : Dan W. Puchniak
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-28
The Derivative Action In Asia written by Dan W. Puchniak and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-28 with Law categories.
This in-depth comparative examination of the derivative action in Asia provides a framework for analysing its function, history and practical application and examines in detail how derivative actions law works in practice in seven important Asian jurisdictions (China, Hong Kong, India, Japan, Korea, Taiwan and Singapore). These case studies allow an evaluation of a number of the leading Western comparative corporate law and governance theories which have come to define the field over the last decade. By debunking some of these critically important theories, this book lays the foundation for an accurate understanding of the derivative action in Asia and a re-examination of the regulation of the derivative action around the world.
Corporate Governance And Statutory Derivative Actions
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Author : Lang Thai
language : en
Publisher: Taylor & Francis
Release Date : 2023-09-22
Corporate Governance And Statutory Derivative Actions written by Lang Thai and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-22 with Law categories.
This book is the first comprehensive study of the statutory derivative action in Australia, using the Australian model as a reference point and comparing it with the UK, Canada, Singapore, New Zealand, Hong Kong and USA counterparts. The book includes an empirical study covering over a twenty-year period from the date the statutory framework came into operation, coupled with extensive case law analysis and comparisons with other jurisdictions. It informs the world about the uniqueness of Australia’s statutory derivative action, and what other countries can learn from it as shareholder protection and promotion of good corporate governance. While some countries have statutory derivative action, there are still countries that do not have the statutory framework that are considering introducing it into their corporate law. This book provides insights and suggestions for lawmakers, litigation practitioners and researchers worldwide in reforming their existing model.
Corporate Governance In China
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Author : Qingxiu Bu
language : en
Publisher: Springer Verlag
Release Date : 2014-02-14
Corporate Governance In China written by Qingxiu Bu and has been published by Springer Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-14 with Law categories.
Examining derivative action, which enables shareholders to gain redress for wrongs done to their company and deters breaches of directors' fiduciary duties, this book considers the use of such measures in China, which lacks adequate corporate governance tools.
Corporate Governance In China
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Author : Bu Qingxiu
language : en
Publisher: Springer
Release Date : 2016-05-09
Corporate Governance In China written by Bu Qingxiu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-09 with Law categories.
This book considers the derivative action, an important corporate governance tool which is commonly considered to serve two basic functions, i.e., enabling shareholders to gain redress for a wrong done to their company and deterring potential breaches of directors’ fiduciary duties. This book critically examines the derivative action from theoretical, evolutionary, and comparative perspectives. It considers how controversial issues such as locus standi, demand requirements, indemnity cost orders, information asymmetry and res judicata are approached in selected civil law countries as well as throughout the Commonwealth. The book also assesses whether derivative litigation could fulfill a similar role in China, which is one of the most rapidly developing economies in the world, yet lacks adequate corporate governance mechanisms. The ultimate aim discussed in the book is how to establish a remedial mechanism which makes derivative actions more accessible and consistent, while maintaining the balance between corporate efficiency and protecting minority shareholders’ interests. Lastly, based on different approaches in the latest reforming infrastructure, it explores whether there is a general converging trend for derivative actions between the two major legal systems.
Derivative Actions And Corporate Governance
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Author : Arad Reisberg
language : en
Publisher:
Release Date : 2007
Derivative Actions And Corporate Governance written by Arad Reisberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Corporate governance categories.
This volume examines the circumstances in which a shareholder can bring an action on behalf of a company (a derivative action), exploring how this remedy may be used to ensure good corporate governance and laying out a theoretical framework and practical guidance for future development of the law.
The Derivative Action And Good Corporate Governance In China
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Author : Zhong Zhang
language : en
Publisher: LAP Lambert Academic Publishing
Release Date : 2011-04
The Derivative Action And Good Corporate Governance In China written by Zhong Zhang and has been published by LAP Lambert Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04 with categories.
Good corporate governance is crucial for the long- term success of Chinese economy. To achieve good corporate governance, legal liability is essential, because only legal liability can deter serious managerial misbehavior. Legal liability comes from both public and private enforcement of law, but public enforcement of law has various limitations. In private enforcement of law, the derivative action is preferable to the securities class action, not just because the later is unrealistic in China. For the derivative action to become a reality, appropriate legal rules should be in place. The traditional common law is problematic. The strategy adopted under the Chinese derivative action setting a minimum shareholding requirement as a condition for bringing a suit entails that derivative actions would not be vigorously pursued. The admission of derivative actions should be decided case by case according to the interests of the company and the responsibility of assessing the admissibility of cases should be assigned to the court rather than to the company. The assessment should be based on the probability of success and the potential net recoveries from the case.
Shareholder Protection Reconsidered
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Author : Georgios Zouridakis
language : en
Publisher: Routledge
Release Date : 2019-11-26
Shareholder Protection Reconsidered written by Georgios Zouridakis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-26 with Business & Economics categories.
This book examines the role and potential of derivative actions in shareholder protection in public limited companies. Derivative actions have been a focal point of legislators’ agendas on shareholder protection, in the past few decades, throughout Europe and beyond. Nevertheless, there remain jurisdictions, such as Greece, which are still devoid of this remedy. Against this backdrop, this book examines whether and how the derivative action may improve shareholder protection, constituting thus a mechanism that justifies legislative attention. It does so in three parts. First, it analyses the desirable role derivative actions assume in protecting shareholder property, monitoring corporate management and mitigating agency costs, alongside their economic implications, introducing the reader to the contemporary international debate on the topic. Having set the desiderata, the second part proceeds with the comparative analysis of Greek, German and UK law – jurisdictions that have recently reformed their provisions on shareholder protection – examining not only the law on derivative actions and their Greek counterpart remedy but also mechanisms of shareholder protection that do, or could, assume functions similar to those of the derivative action. By critically assessing the merits and failures of the respective UK, German and Greek shareholder protection laws, the book then proceeds to offer (in Part III) a model framework of shareholders’ derivative litigation for jurisdictions considering reform. Written in an accessible format, it will be an invaluable resource for anyone interested in this important aspect of company law and corporate governance.
Shareholder Derivative Litigation
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Author : Ralph C. Ferrara
language : en
Publisher: Law Journal Press
Release Date : 2013-08-28
Shareholder Derivative Litigation written by Ralph C. Ferrara and has been published by Law Journal Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-28 with Business & Economics categories.
Written for both the expert and the novice, this book not only reviews the legal framework for derivative actions but also provides a practical guide to the application of legal principles. Shareholder Derivative Litigation: Besieging the Board reviews each of the legal doctrines relevant to derivative actions, including the demand and standing requirements, potential board responses to demands, the use of special litigation committees, procedural issues in derivative litigation and the business judgment rule's application to derivative litigation. This comprehensive legal study features an up-to-date listing of state derivative action statutes and rules, plus analysis of other significant developments, such as the effect of the Dodd-Frank Wall Street Reform and Consumer Protection Act on shareholder derivative litigation and recent case law concerning the demand requirement and attorneys' fees. It also delivers a wealth of useful working tools, including an easy to follow flow chart, relevant code sections and model forms.