Shareholder Protection Reconsidered
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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 Protection In Close Corporations
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Author : Alan K Koh
language : en
Publisher: Cambridge University Press
Release Date : 2022-09-29
Shareholder Protection In Close Corporations written by Alan K Koh 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 2022-09-29 with Business & Economics categories.
Comparative study of withdrawal remedies in four jurisdictions to offer solutions to shareholder conflicts in small and medium enterprises.
Minority Shareholders Protection
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Author : S.H. Goo
language : en
Publisher: Routledge
Release Date : 2012-07-23
Minority Shareholders Protection written by S.H. Goo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-23 with Law categories.
Written in a readable style, this book provides an account, and much-needed analysis, of minority shareholders rights and remedies under section 459 of the Companies Act 1985. In the study of minority shareholders rights, there has been a tendency to give inadequate attention to the remedies now available. This book take a new approach to the treatment of minority shareholders protection. Much of this book is devoted to a detailed study of the effectiveness of section 459 as a shareholders remedy. Commencing with an examination of the problems faced by a minority shareholder, the book goes on t.
Research Handbook On Shareholder Inspection Rights
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Author : Randall S. Thomas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-05-09
Research Handbook On Shareholder Inspection Rights written by Randall S. Thomas 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 2023-05-09 with Law categories.
Shareholder inspection rights form an important tool for shareholder protection. They offer shareholders seeking information private access to specific books and records of the company that are otherwise not publicly available. While there has been a discourse on the topic in some jurisdictions such as Delaware (USA), it has not received scholarly treatment at an international level. This Research Handbook seeks to alter that, and signifies the first endeavor to engage in a comprehensive and comparative analysis of shareholder inspection.
Protecting Minority Shareholders
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Author : Dennis Campbell
language : en
Publisher:
Release Date : 1996-01-01
Protecting Minority Shareholders written by Dennis Campbell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-01-01 with Law categories.
The protection afforded to shareholders in general, and to minority shareholders specifically, may differ from country to country. This book examines the methods used in different countries to protect minority shareholders. Every author gives an overview of his or her country's company law. the types of companies which issue shares and the types of shares issued are described. the relevance of concepts such as `share', `shareholder', `majority shareholder' and 'minority shareholder', as well as the nature and relationships of shareholder rights provided by law and those contained in corporate documents, are examined. A shareholder of a company is entitled to specific substantive and procedural rights. the effective means of enforcing them and against whom they may be enforced are discussed in detail. Finally, the work considers issues of jurisdiction, conflict of laws and certain other substantive laws insofar as these rules and laws relate to and impact on the protection and enforcement of the rights of minority shareholders against domestic and foreign companies. This new publication draws on the knowledge and experience of legal practitioners from Australia, Canada, Europe, New Zealand and the United States of America.
Minority Shareholders Remedies
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Author : A. J. Boyle
language : en
Publisher: Cambridge University Press
Release Date : 2002-01-17
Minority Shareholders Remedies written by A. J. Boyle 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 2002-01-17 with Law categories.
A. J. Boyle assesses the state of English company law on minority shareholders' remedies from historical, theoretical and comparative perspectives in this important addition to Cambridge Studies in Corporate Law. He analyses the reforms of the UK Law Commission, which have been further appraised and amplified by the work in progress of the Company Law Review Steering Group. The book covers the common law actions by exception to the Rule in Foss v. Harbottle, and the statutory remedies by way of petition for unfair prejudice and/or just and equitable winding up. As well as considering the complexities of derivative actions and statutory minority remedies, Boyle discusses directions for minority shareholders' remedies. This book will be of interest to academics and practitioners in company and corporate law, particularly in the UK, US, France and Germany, as well as throughout the Commonwealth.
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 Enlightened Shareholder Value Principle And Corporate Social Responsibility
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Author : Taskin Iqbal
language : en
Publisher: Routledge
Release Date : 2021-07-07
The Enlightened Shareholder Value Principle And Corporate Social Responsibility written by Taskin Iqbal and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-07 with Law categories.
The Enlightened Shareholder Value principle and Corporate Social Responsibility are areas of increasing academic and research interest. However, discussions on the ESV principle in relation to CSR are very limited. This book provides a critical analysis of the impact of the concept of ESV, embedded in the Companies Act 2006, on CSR and explores the scope for reform. Along with analysing existing empirical research, it presents the findings of an empirical study conducted to determine whether the concept of ESV is capable of promoting or assisting CSR. The book also examines whether implementing an ESV approach has had any impact on the CSR practices of multinational corporations that originate in the UK and operate in developing nations, as in order to assess whether the ESV principle links to CSR both its domestic and international impact need to be considered. This analysis was undertaken through the lens of a case study on the ready-made garment industry in Bangladesh, with some focus on the Rana Plaza factory disaster. This study also assists in demonstrating the changes that need to be made to improve the current situation. Lastly, the book addresses the need for reform in the area and provides possible suggestions for reform. This interdisciplinary book will be of great interest to students and scholars of corporate law, corporate governance and business studies in general as well as policymakers, NGOs and government departments in many countries around the world working in the fields of CSR, sustainability and global supply chains.
International Human Rights And Local Courts
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Author : Aksel Tømte
language : en
Publisher: Taylor & Francis
Release Date : 2024-04-29
International Human Rights And Local Courts written by Aksel Tømte and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-29 with Law categories.
This book addresses the technicalities of how international human rights law can be applied at the domestic level through a case study of the human rights methodology of the Indonesian judiciary. Numerous international human rights treaties have been ratified by States parties all around the world. However, local implementation has proven a difficult task for national authorities with every State struggling to realize rights to varying degrees. This reveals a gap between the standards of human rights as envisaged by the law and those experienced by rights holders at the local level. This work analyses how Indonesian courts interpret and apply human rights. It discusses the position of human rights within specific areas of Indonesian law: constitutional law, criminal law and private law. It analyses how courts have dealt with specific cases within these fields of law. Its key contribution lies in its detailed attention to the role of the Indonesian judiciary in implementing human rights, as well as to the influence of international law, and the role that actors other than the judiciary play in this process. It also incorporates international comparative perspectives. The book will be of particular interest to human rights scholars concerned with national judiciaries’ role in human rights implementation, and to scholars, judges, civil society actors and legal practitioners working with law and human rights in Indonesia.
Implementing Business And Human Rights Norms In Africa Law And Policy Interventions
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Author : Oyeniyi Abe
language : en
Publisher: Routledge
Release Date : 2022-05-15
Implementing Business And Human Rights Norms In Africa Law And Policy Interventions written by Oyeniyi Abe and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-15 with Law categories.
This book examines the contemporary and contentious question of the critical connections between business and human rights, and the implementation of socially responsible norms in developing countries, with particular reference to Kenya, Nigeria, and South Africa. Business enterprises and transnational corporate actors operate in a complex global environment, especially when operating in high risks sectors such as oil and gas, mining, construction, banking, and health care amongst others. Understanding human rights responsibilities, impacts, and socially responsible behaviour for companies is therefore an essential component of corporate risk management in our current world. The release of the United Nations Guiding Principles on Business and Human Rights, an instrument consisting of 31 principles on this issue, has further underscored the emergence of a rapidly developing set of international law norms on human rights responsibilities of businesses and transnational corporations. It has also shaped the discourse on corporate accountability for human rights. In addition to minimizing litigation, financial and reputational risks, understanding and demonstrating corporate respect for human rights is vital to building a culture of trust and integrity amongst local communities, investors, and shareholders. While Africa has been at the receiving end of deleterious activities of corporate actors, it has failed to address corporate impunity and human rights violations by non-state actors. Questions abound revolving around the underpinnings of a corporate responsibility to respect human rights, that is, how non-western and particularly African conceptions of respect may help develop a beyond do no net harm approach to respect; policy discourses on human rights due diligence, human rights impact assessment; mandating corporate respect for human rights in both domestic and international law. This book examines, clarifies, and unpacks the guiding principles of a rights-based approach to development and social inclusion. It offers an excellent exposition of regulatory capacity, institutional efficacy, and democratic legitimacy of governance institutions that shape development including a comprehensive analysis of how states are shaping business and human rights discourses locally to develop a critical understanding of identified issues by exploring the latest theories through comparative lenses.