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Shareholders Duties
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Book Synopsis Enforcing Shareholders’ Duties by : Hanne S Birkmose
Download or read book Enforcing Shareholders’ Duties written by Hanne S Birkmose and published by Edward Elgar Publishing. This book was released on 2019 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A Case for Shareholders' Fiduciary Duties in Common Law Asia by : Ernest Lim
Download or read book A Case for Shareholders' Fiduciary Duties in Common Law Asia written by Ernest Lim and published by Cambridge University Press. This book was released on 2019-08-22 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reconceptualises the general meeting, controlling shareholders and institutional investors as fiduciaries in four leading common law Asian jurisdictions.
Book Synopsis Shareholders’ Duties by : Hanne S. Birkmose
Download or read book Shareholders’ Duties written by Hanne S. Birkmose and published by Kluwer Law International B.V.. This book was released on 2017-01-15 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Responsible Shareholder by : Bottomley, Stephen
Download or read book The Responsible Shareholder written by Bottomley, Stephen and published by Edward Elgar Publishing. This book was released on 2021-11-09 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the role of shareholders in modern companies, this timely book argues that more should be expected of shareholders, both morally and legally. It explores the privileged position of shareholders within the corporate law system and the unique rights and duties awarded to them in contrast to other corporate actors. Introducing the concept of shareholders as responsible agents whose actions and inactions should be judged on that basis, Stephen Bottomley unites a number of distinct corporate governance discussions including stewardship, activism and shareholder liability.
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 Shareholders' Rights and Obligations by : Marcel Willems
Download or read book Shareholders' Rights and Obligations written by Marcel Willems and published by . This book was released on 2018-01-12 with total page 779 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Duties and Liabilities of the Board of Directors by : David Larcker
Download or read book The Duties and Liabilities of the Board of Directors written by David Larcker and published by Pearson Education. This book was released on 2011-04-21 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Element is an excerpt from Corporate Governance Matters: A Closer Look at Organizational Choices and Their Consequences (9780132180269) by David Larcker and Brian Tayan. Available in print and digital formats. A primer on what corporate board members should be doing: expert guidance on advisory and monitoring functions, compliance, fiduciary duty, independence, and more. When asked what areas directors should pay most attention to, other than profitability and shareholder value, directors list future growth, risk management, and development of human capital as top priorities. Other areas of focus include cultural development, executive compensation, and compliance. Still, some evidence indicates that directors prefer advisory functions to monitoring functions....
Book Synopsis The Foundations and Anatomy of Shareholder Activism by : Iris H-Y Chiu
Download or read book The Foundations and Anatomy of Shareholder Activism written by Iris H-Y Chiu and published by Bloomsbury Publishing. This book was released on 2010-10-12 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Directors' Powers and Duties by : Peter George Watts
Download or read book Directors' Powers and Duties written by Peter George Watts and published by . This book was released on 2009 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides practitioners and students with a full treatment of one of the most important and complex aspects of company law, directors' powers and duties. Of all the areas of company law, directors' powers and duties is among the least accessible from the statute (i.e. Companies Act 1993). Behind the statute, is a long and very complex history of equitable and common law case law, most of which remains applicable in New Zealand. This book also contains short summaries of leading cases which is very useful both for students and practitioners.
Book Synopsis The Business Judgment Rule by : Dennis J. Block
Download or read book The Business Judgment Rule written by Dennis J. Block and published by . This book was released on 1998 with total page 1208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Business Judgment Rule by : Dennis J. Block
Download or read book The Business Judgment Rule written by Dennis J. Block and published by . This book was released on 1988 with total page 782 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Corporate Governance in the Common-Law World by : Christopher M. Bruner
Download or read book Corporate Governance in the Common-Law World written by Christopher M. Bruner and published by Cambridge University Press. This book was released on 2013-03-29 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The corporate governance systems of Australia, Canada, the United Kingdom and the United States are often characterized as a single 'Anglo-American' system prioritizing shareholders' interests over those of other corporate stakeholders. Such generalizations, however, obscure substantial differences across the common-law world. Contrary to popular belief, shareholders in the United Kingdom and jurisdictions following its lead are far more powerful and central to the aims of the corporation than are shareholders in the United States. This book presents a new comparative theory to explain this divergence and explores the theory's ramifications for law and public policy. Bruner argues that regulatory structures affecting other stakeholders' interests - notably differing degrees of social welfare protection for employees - have decisively impacted the degree of political opposition to shareholder-centric policies across the common-law world. These dynamics remain powerful forces today, and understanding them will be vital as post-crisis reforms continue to take shape.
Book Synopsis International Handbook on Shareholders ́ Agreements by : Sebastian Mock
Download or read book International Handbook on Shareholders ́ Agreements written by Sebastian Mock and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-05-07 with total page 691 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shareholders ́ Agreements have a growing influence on the general understanding of corporate law since they bind not only the shareholders but also affect the constitution of the corporation and can have a severe impact on capital markets. Therefore, Shareholders ́ Agreements are more and more subject to regulation in corporate, capital market and also insolvency law on the national, the European and the international level. This handbook provides a general examination of conceptual questions of Shareholders ́ Agreements and provides an analysis of the regulation of Shareholders ́ Agreements in European and international law and of the national law of more than 20 jurisdictions. Readers will get a general understanding of the theoretical and practical problems involved with Shareholders ́ Agreements and detailed information on the regulation of Shareholders ́ Agreements in several jurisdictions and the applicable law in the case of transnational corporations and cross-border transactions.
Book Synopsis Duties and Responsibilities of Directors and Officers by : Robert Baxt
Download or read book Duties and Responsibilities of Directors and Officers written by Robert Baxt and published by AICD. This book was released on 2005 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This work covers the most important aspects of a director's duties and responsibilities." --p. ix.
Book Synopsis Investor's and Shareholder's Guide by : J.D. Walker & Watson
Download or read book Investor's and Shareholder's Guide written by J.D. Walker & Watson and published by . This book was released on 1894 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Directors' Duties in Canada by : Barry J. Reiter
Download or read book Directors' Duties in Canada written by Barry J. Reiter and published by CCH Canadian Limited. This book was released on 2006 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Introduction to Business by : Lawrence J. Gitman
Download or read book Introduction to Business written by Lawrence J. Gitman and published by . This book was released on 2023-05-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
