Shareholder Activism And The Law
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Shareholder Activism And The Law
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Author : Ekrem Solak
language : en
Publisher: Routledge
Release Date : 2020-05-04
Shareholder Activism And The Law written by Ekrem Solak and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-04 with Law categories.
This book provides a complete framework for contemporary shareholder activism and its implications for US corporate governance, which is based on director primacy theory. Under director primacy theory, shareholders do not wish to be involved in the management of the company; in the rare event that they wish to be involved, it is considered a transfer of power from the board of directors to shareholders, which in turn reduces the efficiency of centralised decision-making in public companies. However, this book demonstrates that shareholders do not use their power to transfer corporate control from the board to themselves, and that some form of shareholder activism is even collaborative, which is a new paradigm for US corporate governance. This book shows that while monitoring remains a key contribution of shareholders, they also bring new informational inputs to corporate decision-making that could not be obtained under the traditional board model. Accordingly, contemporary shareholder activism enhances the board’s decision-making and monitoring capacity, without undermining the economic value of the board's authority. Therefore, this book argues that the complete approach of contemporary shareholder activism should be accommodated into US corporate governance. In doing so, this book considers not only legal and regulatory developments in the wake of the 2007–2008 financial crisis, but also the governance developments through by-law amendments. Furthermore, the author makes several recommendations to soften the current director primacy model: establishing a level playing field for private ordering, adopting the proxy access default regime, the majority voting rule, the universal proxy rules, and enhancing the disclosure requirements of shareholders. The book will be of interest to academics and students of corporate governance, both in the US and internationally.
The Foundations And Anatomy Of Shareholder Activism
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Author : Iris H-Y Chiu
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-10-12
The Foundations And Anatomy Of Shareholder Activism written by Iris H-Y Chiu and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-12 with Law categories.
The Foundations and Anatomy of Shareholder Activism examines the landscape of contemporary shareholder activism in the UK. The book focuses on minority shareholder activism in publicly listed companies. It argues that contemporary shareholder activism in the UK is dominated by two groups; one, the institutional shareholders whose shareholder activism is largely seen as a driving force for good corporate governance, and two, the hedge funds whose shareholder activism is based on value extraction and exit. The book provides a detailed examination of both types of shareholder activism, and discusses critically the nature of, motivations for and consequences following both types of shareholder activism. The book then locates both types of shareholder activism in the theory of the company and the fabric of company law, and argues that institutional shareholder activism based on exercising a voice at general meetings is well supported in theory and law. The call for institutions to engage in more informal forms of activism in the name of 'stewardship' may bring about challenges to the current patterns of activism that institutions engage in. The book argues, however, that a more cautious view of hedge fund activism and the pattern of value extraction and exit should be taken. More empirical evidence is likely to be necessary, however, to weigh up the long terms benefits and costs of hedge fund activism.
Shareholder Activism Handbook
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Author : Jay W. Eisenhofer
language : en
Publisher: Wolters Kluwer
Release Date : 2005-01-01
Shareholder Activism Handbook written by Jay W. Eisenhofer and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Business & Economics categories.
Shareholder Activism Handbook is the single most comprehensive guide on all matters relating to enforcing shareholders' rights. As shareholder activism becomes a more integral part of investing, the law continues to respond accordingly. Legislators
The Shareholder Rights And Activism Review
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Author : Francis J. Aquila
language : en
Publisher:
Release Date : 2020
The Shareholder Rights And Activism Review written by Francis J. Aquila and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Corporate governance categories.
Shareholder Activism
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Author : Marion D. Hartmann
language : en
Publisher: Schriftenreihe zum Gesellschafts- und Kapitalmarktrecht
Release Date : 2014
Shareholder Activism written by Marion D. Hartmann and has been published by Schriftenreihe zum Gesellschafts- und Kapitalmarktrecht this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Corporate governance categories.
This book analyses benefits and drawbacks of shareholder activism in corporations under US American and German law, using means of new institutional economics. It focuses on shareholders' impact on nominations and elections, transaction and financial decisions, concluding that benefits and drawbacks require legal actions under both jurisdictions.
Research Handbook On Shareholder Power
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Author : Jennifer G. Hill
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-07-31
Research Handbook On Shareholder Power written by Jennifer G. Hill 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 2015-07-31 with Law categories.
Much of the history of corporate law has concerned itself not with shareholder power, but rather with its absence. Recent shifts in capital market structure require a reassessment of the role and power of shareholders. These original, specially commiss
Minority Shareholders
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Author : Victor Joffe
language : en
Publisher:
Release Date : 2018
Minority Shareholders written by Victor Joffe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Minority stockholders categories.
This well-established and authoritative work is the most detailed reference source on the law relating to minority shareholders. As more and more legal emphasis is put on corporate governance, and as the influence of shareholder activism continues to grow, practitioners increasingly need a source of up-to-date and detailed information on the rights and remedies available to the minority. This is the only book to focus on this increasingly topical and important subject. This sixth edition features a new chapter on share purchase orders and valuation. There is expanded coverage of the relevant non-UK authorities, including cases from Hong Kong, Singapore, the British Virgin Islands, and Cayman. There is also more detailed analysis of shareholder agreements and related developments in contract law relevant to minority shareholders.--
Minority Shareholders
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Author : David Drake
language : en
Publisher:
Release Date : 2011
Minority Shareholders written by David Drake and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
Minority Rights have become more and more topical due to the rise in importance of corporate governance and the increase in shareholder activism. This well-established work on the law relating to minority shareholders provides practitioners with the most detailed reference on the subject. The book addresses the full impacts of the Companies Act 2006. It covers more than 50 new cases, including many relating to unfair prejudice (such as Neath Rugby Ltd, Southern Counties Fresh Foods Ltd and Sunrise Radio Ltd), as well as multiple derivative actions (Waddington v Chan). The book also has practical appendices which include a full range of forms, precedents and statutory material as well as parts of the Companies Act 2006 making this a complete resource for the practitioner. The new introductory chapter is a useful outline of general issues such as the foundations of a derivative claim and the source of the complaint, giving a clear understanding of the legal practice and procedure. The well-regarded team, led by Victor Joffe QC, is joined by a new author, Tim Collingwood. He confers experience and expertise to the material on rights granted to shareholders.
Activist Shareholders In Corporate Governance
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Author : Tim Bowley
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-01-12
Activist Shareholders In Corporate Governance written by Tim Bowley and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-12 with Business & Economics categories.
This book explores the regulatory challenges of public company shareholder activism. Around the world, policy makers, practitioners and academics debate how best to regulate shareholder activism. Using Australia as a case study, the book examines key issues raised by this debate. With a market structure and legal settings that are conducive to activism, Australia makes an ideal case study and provides a fresh comparative perspective on the regulatory debate about shareholder activism, which tends to be dominated by US-focused analysis and commentary. The book presents empirical evidence which reveals that Australian activism is a significant and multifaceted phenomenon, undertaken by different types of activists pursuing varying strategies and supported by a range of complementary market developments. The book uses this evidence to develop comparative insights and explore internationally topical issues, including: - activists' willingness to use interventionist governance rights; - the role of intermediaries such as proxy advisers in facilitating activism; - institutional investor stewardship; and - the risks of collective shareholder activism. This book provides an important comparative perspective on the topic of shareholder activism. It is an essential resource for policy makers, practitioners and academics interested in the regulatory implications of shareholder activism.
Shareholder Democracy
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Author : Lisa M. Fairfax
language : en
Publisher:
Release Date : 2011
Shareholder Democracy written by Lisa M. Fairfax and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Corporate governance categories.
This book offers a succinct, practical guide for understanding what some have referred to as shareholder democracy--efforts to facilitate and increase shareholder voting power within the corporation. In the past few years there has been a surge in shareholder activism that has had a profound impact on the corporation. Shareholders and other activists have sought to increase shareholders' voting power within the corporation based largely on the belief that increasing shareholder power will increase director and officer accountability, thereby helping to curb corporate misconduct and improve corporate performance. However, there is intense debate regarding whether increased shareholder power can achieve such objectives and whether increased shareholder power will negatively impact the corporation. This book is the first to provide a concise, but comprehensive look at the various ways in which shareholders have sought to enhance their voting power and influence within the corporation. In addition to examining shareholder activism, this book highlights and analyzes the debate regarding the propriety of increased shareholder power. This book also analyzes the impact of recent developments aimed at facilitating shareholder power such as majority voting, say on pay, and proxy access. This book will serve as a useful tool not only for those who desire a straight-forward analysis of shareholder rights and activism, but also for those seeking a reference guide on an issue of growing importance to corporate law and corporate governance.