Enforcing Shareholders Duties
DOWNLOAD eBooks
Download Enforcing Shareholders Duties PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Enforcing Shareholders Duties book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Enforcing Shareholders Duties
DOWNLOAD eBooks
Author : Hanne S Birkmose
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Enforcing Shareholders Duties written by Hanne S Birkmose 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 2019 with categories.
A heavily debated topic, the evolution of shareholders’ duties risks the transformation of the very concept of shareholder primacy, crucially associated with shareholder rights. Offering a distinctive and comprehensive examination of both current and forthcoming enforcement mechanisms in the area of shareholder duties, this timely book provides an exhaustive analysis of the many issues related to these mechanisms, and considers the ongoing challenges surrounding their implementation.
The Enforcement Of Directors Duties In Britain And Germany
DOWNLOAD eBooks
Author : Hans-Christoph Hirt
language : en
Publisher: Peter Lang
Release Date : 2004
The Enforcement Of Directors Duties In Britain And Germany written by Hans-Christoph Hirt and has been published by Peter Lang this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Business ethics categories.
The power to control litigation in the company's name is normally vested in the board of directors. This gives rise to a conflict of interest whenever some or all of the directors breach their duties. In such a situation, the board's decision whether or not to litigate is potentially tainted because the wrongdoers are part of the decision-making process. The board as a whole is therefore an unsuitable decision-making body and the following question arises: who should decide whether it is in the company's interest to initiate litigation against the alleged wrongdoers? There are a number of different persons and bodies in which the decision-making power could be vested. The British approach is the reversion of management power to the shareholders in general meeting and, in certain restricted situations, the availability of the derivative action brought by a shareholder on behalf of the company. Both mechanisms give rise to significant difficulties. This book begins by explaining the board's conflict of interest, sets out a theoretical framework of legal strategies that cover the whole range of approaches to deal with it and analyses their strengths and weaknesses. The analysis consists of an assessment and comparison of four models of the enforcement of directors' duties, which are based on the current law and reform proposals in Britain and Germany. Particular reference is made to recent case law and its practical implications.
Shareholders Duties
DOWNLOAD eBooks
Author : Hanne S. Birkmose
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-01-15
Shareholders Duties written by Hanne S. Birkmose and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-15 with Law categories.
It is often assumed that shareholders have rights, not duties. In recent years, however, this assumption has come under intense scrutiny in all aspects of company law and capital market law -legislation, the courts, soft law, and scholarship - and, in Europe especially, major changes are under way across a diverse spectrum all the way from revised contractual arrangements to mandatory statutory provisions. Such a shift has important implications for the fundamentals of European company law, and there is a need to examine shareholders' duties and to consider where this trend is taking shareholders and their stance in law. This focused collection of essays by twenty notable scholars addresses this complex subject from a highly informative and useful variety of perspectives. Examining shareholders' duties along three axes - types of investee companies, types of shareholders, and types of business situations - the essays deal with such topics and issues as the following: - shareholders' duties as reflections of the interests they are intended to safeguard; - shareholders' duties to society; - shareholders' disclosure obligations; - duties of parent companies; - institutional investor's fiduciary duty; - how regulatory duties constrain value-reducing forms of opportunism; - the state's continuing duties in the transformation of state-owned companies; - significant shareholders' duties in transactions with the company; and - powerful shareholders' duty not to abuse right. Examining the implications of this shift in discourse - how shareholders' duties are coming to the fore under the impetus of legislation, legal doctrine, case law, and enforcement strategies - as well as its ideological underpinnings, this book offers a comprehensive and in-depth consideration of this rapidly developing field. It will prove of inestimable value not only to policymakers and academics, but also to investors and practitioners committed to creating conditions favourable to sustainable economic growth and responsible business behaviour.
The Principal Duties And Powers Of Members And Shareholders Under The Companies Act
DOWNLOAD eBooks
Author :
language : en
Publisher:
Release Date : 2015
The Principal Duties And Powers Of Members And Shareholders Under The Companies Act written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Stockholders categories.
A Case For Shareholders Fiduciary Duties In Common Law Asia
DOWNLOAD eBooks
Author : Ernest Lim
language : en
Publisher: Cambridge University Press
Release Date : 2019-08-22
A Case For Shareholders Fiduciary Duties In Common Law Asia written by Ernest Lim 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 2019-08-22 with Business & Economics categories.
Reconceptualises the general meeting, controlling shareholders and institutional investors as fiduciaries in four leading common law Asian jurisdictions.
Corporate Governance Supervision And Enforcement In Corporate Governance
DOWNLOAD eBooks
Author : OECD
language : en
Publisher: OECD Publishing
Release Date : 2013-11-04
Corporate Governance Supervision And Enforcement In Corporate Governance written by OECD and has been published by OECD Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-04 with categories.
This fifth peer review of the OECD Principles of Corporate Governance analyses the supervision and enforcement of rules and practices relating to related party transactions (RPTs), takeover bids and shareholder meetings.
Shareholders Rights And Obligations
DOWNLOAD eBooks
Author : Marcel Willems
language : en
Publisher:
Release Date : 2018-01-12
Shareholders Rights And Obligations written by Marcel Willems and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-12 with Law categories.
Shareholders are important stakeholders of companies. In recent times the position of shareholders has become more and more scrutinized, partly as a result of activist measures they have taken, sometimes resulting in the breaking up of large corporations. At the other hand of the spectrum we see minority shareholders being marginalised and even forced to transfer their shares.Questions that arise in these and similar situations are, amongst others: how can the management board of the company block what it deems destructive action by shareholders, but also: what can shareholders do in the event that the value of their shares decreases as a result of actions by management or third parties? As a result there are many relationships concerning companies in which shareholders play a role. The role of a shareholder may depend on the type of company, but also on the type of shareholder (activist vs. long term investor), the type of shares, and the articles of incorporation and shareholders agreements.This practical handbook provides an overview of these and other relevant legal issues concerning shareholders in some 25 of the most important business nations around the globe. It provides guidance to shareholders, directors, supervisory directors, general counsel and their attorneys to promote a better understanding of the rights, but also the obligations, of shareholders. Besides, this guide provides all those concerned with practical information on the relevant dispute resolution systems.
Enforcement And Corporate Governance
DOWNLOAD eBooks
Author : Erik Berglöf
language : en
Publisher: World Bank Publications
Release Date : 2004
Enforcement And Corporate Governance written by Erik Berglöf and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Corporate governance categories.
Abstract: "Enforcement more than regulations, laws-on-the-books, or voluntary codes is key to effective corporate governance, at least in transition and developing countries. Corporate governance and enforcement mechanisms are intimately linked as they affect firms' ability to commit to their stakeholders, in particular to external investors. Berglof and Claessens provide a framework for understanding these links and how they are shaped by countries' institutional contexts. When the general enforcement environment is weak and specific enforcement mechanisms function poorly, as in many developing and transition countries, few of the traditional corporate governance mechanisms are effective. The principal consequence in these countries is a large blockholder, but there are important potential costs to this mechanism. A range of private and public enforcement 'tools' can help reduce these costs and reinforce other supplementary corporate governance mechanisms. The limited empirical evidence suggests that private tools are more effective than public forms of enforcement in the typical environment of most developing and transition countries. However, public enforcement is necessary regardless, and private enforcement mechanisms often require public laws to function. Furthermore, in some countries at least, bottom-up, private-led tools preceded and even shaped public laws. Political economy constraints resulting from the intermingling of business and politics, however, often prevent improvements in the general enforcement environment, and adoption and implementation of public laws in these countries. This paper a product of the Global Corporate Governance Forum, Corporate Governance Department is part of a larger effort in the department to help improve the understanding of corporate governance reform in developing countries"--World Bank web site.
A Case For Shareholders Fiduciary Duties In Common Law Asia
DOWNLOAD eBooks
Author : Ernest Lim
language : en
Publisher: Cambridge University Press
Release Date : 2019-07-31
A Case For Shareholders Fiduciary Duties In Common Law Asia written by Ernest Lim 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 2019-07-31 with Law categories.
This book reconceptualises the role of the general meeting and shareholders in the listed companies in four leading common law jurisdictions in Asia (Singapore, Hong Kong, India and Malaysia) as one that should include fiduciary duties. It demonstrates why, when, by whom and how fiduciary duties should be imposed and how they could be enforced. In so doing, it refutes the long-standing common law rule that shareholders can generally vote as they please. The book advances the debate on a central notion of corporate law, namely, the interests of the company. It addresses the deficiencies in the law regulating conflicts of interest involving controlling shareholders and institutional shareholders and provides solutions to the problem of activist and passive minority institutional investors. This book challenges us to rethink the meaning and implementation of the long-term success of the company and shows how corporate governance should and could be made.
Comparative Corporate Governance
DOWNLOAD eBooks
Author : Afra Afsharipour
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-06-25
Comparative Corporate Governance written by Afra Afsharipour 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 2021-06-25 with Law categories.
This research handbook provides a state-of-the-art perspective on how corporate governance differs between countries around the world. It covers highly topical issues including corporate purpose, corporate social responsibility and shareholder activism.