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Corporate Governance And Statutory Derivative Actions
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Book Synopsis Corporate Governance and Statutory Derivative Actions by : Lang Thai
Download or read book Corporate Governance and Statutory Derivative Actions written by Lang Thai and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
Book Synopsis The Derivative Action in Asia by : Dan W. Puchniak
Download or read book The Derivative Action in Asia written by Dan W. Puchniak and published by Cambridge University Press. This book was released on 2012-06-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Derivative Actions and Corporate Governance in China by : Jingchen Zhao
Download or read book Derivative Actions and Corporate Governance in China written by Jingchen Zhao and published by Edward Elgar Publishing. This book was released on 2022-12-06 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Derivative Actions and Corporate Governance by : Arad Reisberg
Download or read book Derivative Actions and Corporate Governance written by Arad Reisberg and published by Oxford University Press, USA. This book was released on 2007 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Derivative actions are an important aspect of the continuing debate about corporate governance in the UK, the US and many other jurisdictions worldwide. This book offers a conceptually inclusive approach to thinking about derivative actions by providing a detailed and clear overview, commentary, and a theoretical explanation of the law governing derivative actions in the corporate governance context. Reisberg provides a fundamental reassessment of the nature and objectives of the derivative action, and conceptualizes a new nodel of the derivative action mechanism. He argues that action should be taken in three areas: (1) conceptual (adoption of a new framework- the 'Functionaland Focused Model' set out in the book) (2) strategic (employment of appropriate incentives and fee rules which advance the premises behind the Model) (3) maintaining doctrinal consistency (clarification of the interaction between the derivative action and other remedies available to shareholders) This book offers practical guidance on solving current problems in many jurisdictions based on case law, and on substantive legal, economic, and comparative research. It also provides a comprehensive and detailed analysis and commentary on the regime governing derivative actions under Part 11 of the Companies Act 2006 in the UK.
Book Synopsis Shareholder Derivative Litigation by : Ralph C. Ferrara
Download or read book Shareholder Derivative Litigation written by Ralph C. Ferrara and published by Law Journal Press. This book was released on 2013-08-28 with total page 1180 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Derivative Actions and Corporate Governance by : Arad Reisberg
Download or read book Derivative Actions and Corporate Governance written by Arad Reisberg and published by . This book was released on 2007 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Shareholder Protection Reconsidered by : Georgios Zouridakis
Download or read book Shareholder Protection Reconsidered written by Georgios Zouridakis and published by Routledge. This book was released on 2019-11-26 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Corporate Governance in China by : Qingxiu Bu
Download or read book Corporate Governance in China written by Qingxiu Bu and published by Springer Verlag. This book was released on 2014-02-14 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Corporate Governance in China by : Bu Qingxiu
Download or read book Corporate Governance in China written by Bu Qingxiu and published by Springer. This book was released on 2016-05-09 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A Comparative Study of Shareholders' Derivative Actions by : Xiaoning Li
Download or read book A Comparative Study of Shareholders' Derivative Actions written by Xiaoning Li and published by Kluwer Law International. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book shareholders' derivative actions in England, The US, Germany and China are being compared. Western countries among themselves take differing approaches towards derivative action in practice, including its very role and the mechanisms for regulating it. As far as the function of derivative action is concerned, The author concludes that (1) derivative actions play different roles in all these countries; (2) their function may vary according To The agency problems to be solved and the type and size of the companies involved; (3) derivative action is only one method in a comprehensive system of corporate governance. Comparative study shows that the issue of how to strike a balance between corporate efficiency and protection For The company and its minority shareholders is key in derivative actions.
Book Synopsis Directors' Duties and Shareholder Litigation in the Wake of the Financial Crisis by : Joan Loughrey
Download or read book Directors' Duties and Shareholder Litigation in the Wake of the Financial Crisis written by Joan Loughrey and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis book takes us back to the financial crisis and asks: should the directors of the financial institutions that caused the crisis be held responsible to their investors? LoughreyÕs and her contributorsÕ analysis of that question and the suggestions to implement their proposals are insightful and timely. This is a must-read book for those of us who are still trying to determine how to avoid the next financial crisis.Õ Ð Randall Thomas, Vanderbilt Law School, US The financial crisis revealed failings at board level at many financial institutions. But despite calls for bank boards to be held to account, there has been a remarkable paucity of litigation against bank directors for breach of their duties. This book assesses whether the law relating to directorsÕ duties and shareholder litigation has contributed to this, taking into account the changes to both that were introduced by the Companies Act 2006. With contributions from leading academics and practitioners, the book examines the directorÕs duty of care and skill, the s.172 duty, reporting obligations under s.417 of the Companies Act 2006, and shareholder litigation including the derivative action and just and equitable winding up. It concludes that neither the common law nor the statutory duties and derivative action under the Companies Act 2006 function effectively to hold directors to account and analyses why this is so. This detailed book will appeal to academics in company law and corporate governance as well as commercial law practitioners particularly those who specialize in company litigation.
Book Synopsis Corporate Governance and Statutory Derivative Actions by : Lang Thai
Download or read book Corporate Governance and Statutory Derivative Actions written by Lang Thai and published by Taylor & Francis. This book was released on 2023-09-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Corporate Governance and Directors' Liabilities by : Klaus J. Hopt
Download or read book Corporate Governance and Directors' Liabilities written by Klaus J. Hopt and published by Walter de Gruyter. This book was released on 2012-08-28 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Shareholder Activism Handbook by : Jay W. Eisenhofer
Download or read book Shareholder Activism Handbook written by Jay W. Eisenhofer and published by Wolters Kluwer. This book was released on 2005-01-01 with total page 1458 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Shareholder Derivative Litigation: Besieging the Board by : Ralph C. Ferrara
Download or read book Shareholder Derivative Litigation: Besieging the Board written by Ralph C. Ferrara and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Understanding Corporate Law by : Arthur R. Pinto
Download or read book Understanding Corporate Law written by Arthur R. Pinto and published by LexisNexis/Matthew Bender. This book was released on 1999 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is designed to assist students with clear & comprehensive treatment of key concepts in corporate law. Significant business, economic, & policy issues are highlighted in connection with a thorough analysis of the important cases & statutory provisions used in the study of corporations. It includes the major theoretical approaches used in current corporate law literature. In each chapter, the authors identify important policies & discuss the relationship of the law as it has developed to those policies. Statutory issues are covered under both the General Corporation Law of the State of Delaware & the Revised Model Business Corporation Act. This book is designed to be used with all of the major corporate law casebooks. Published in 1998.
Download or read book Insolvent Trading written by Paul James and published by . This book was released on 2004 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: