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The Enforcement Of Directors Duties In Britain And Germany
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Book Synopsis The Enforcement of Directors' Duties in Britain and Germany by : Hans-Christoph Hirt
Download or read book The Enforcement of Directors' Duties in Britain and Germany written by Hans-Christoph Hirt and published by Peter Lang. This book was released on 2004 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The enforcement of directors' duties in large companies by : Hans C. (Hans-Christoph) Hirt
Download or read book The enforcement of directors' duties in large companies written by Hans C. (Hans-Christoph) Hirt and published by . This book was released on 2002 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Board Accountability in Corporate Governance by : Andrew Keay
Download or read book Board Accountability in Corporate Governance written by Andrew Keay and published by Routledge. This book was released on 2015-05-15 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within corporate governance the accountability of the board of directors is identified as a major issue by governments, international bodies, professional associations and academic literature. Boards are given significant power in companies, and as a consequence it is argued that they should be accountable for their actions. Drawing on political science, public administration, accounting, and ethics literature, this book examines the concept of accountability and its meaning in the corporate governance context. It examines the rationale for making boards accountable, and outlines the obstacles and drawbacks involved in providing for accountability. The book goes on to examine how current mechanisms for ensuring accountability are assessed in terms of fairness, justice, transparency, practicality, effectiveness and efficiency, before discussing the ways that accountability might be improved. Andrew Keay argues that enhanced accountability can provide better corporate governance, helping to reduce the frequency and severity of financial crises, and improve confidence in company practice. As an in depth study of a key element within the exercise of authority and management in corporate entities, this book will be of great use and interest to researchers and students of corporate governance, business and management, and corporate social responsibility.
Book Synopsis Comparative Company Law by : Andreas Cahn
Download or read book Comparative Company Law written by Andreas Cahn and published by Cambridge University Press. This book was released on 2018-10-04 with total page 1095 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents in-depth, comparative analyses of German, UK and US company laws illustrated by leading cases, with German cases in English translation.
Download or read book Directors' Duties written by Andrew Keay and published by Jordans. This book was released on 2020-06-17 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides an analysis of the general duties of directors contained in Chapter 2 Part 10 of the Companies Act 2006, addressing aspects of the law that are highly relevant to such duties.
Author :Gaëtane Schaeken Willemaers Publisher :Kluwer Law International B.V. ISBN 13 :9041133941 Total Pages :378 pages Book Rating :4.0/5 (411 download)
Book Synopsis The EU Issuer-disclosure Regime by : Gaëtane Schaeken Willemaers
Download or read book The EU Issuer-disclosure Regime written by Gaëtane Schaeken Willemaers and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur : "In an examination that is at once critical, comparative and interdisciplinary, the book discusses the stated objectives of the EU issuer-disclosure regime - principally about retail investor protection - and then goes on to identify objectives that can actually be met in practice, i.e. market efficiency and corporate governance. The author concludes by drawing concrete policy and regulatory implications, along the way covering such aspects and ramifications of the regime. In its defence of the power of market forces as regulatory means, and its clear argument that market finance should be seen at a minimum as a useful complement to bank credit and other financing sources, this important book can claim a privileged space in the debate over the role of disclosure requirements in securities regulation."
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 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 477 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 Corporate Boards in European Law by : Paul Davies
Download or read book Corporate Boards in European Law written by Paul Davies and published by Oxford University Press. This book was released on 2013-11 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses corporate boards; their regulation in law and codes, and their actual operation in ten European countries in a functional and comparative method. Issues addressed include: board structure, composition and functioning, enforcement by liability rules, incentive structures and shareholder activism.
Book Synopsis Comparative Corporate Governance by : Afra Afsharipour
Download or read book Comparative Corporate Governance written by Afra Afsharipour and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Instruments of EU Corporate Governance by : Hanne S. Birkmose
Download or read book Instruments of EU Corporate Governance written by Hanne S. Birkmose and published by Kluwer Law International B.V.. This book was released on 2022-12-09 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Company Law Series, Volume 19 Compelling new perspectives on corporate governance – including attention to increased shareholder engagement, long-term value creation, and sustainability – have given rise to major changes in the management of companies. Yet, until this book, there has been no systematic account of the legislative and soft law instruments designed to promote good corporate governance practices across the range of sizes and types of companies. The book analyses the various instruments that legislators and others have used to promote good corporate governance in European companies and assesses their value in practice. Nineteen well-known scholars of business and corporate law delve into how such issues and topics as the following are approached across the spectrum of corporate governance instruments available in Europe: corporate codes of conduct; procedural rules regulating how directors make decisions; rules on board composition and remuneration; regulating boards in small- and medium-sized enterprises; public enforcement of directors’ duties; how digitalisation may affect implementation of corporate governance instruments; reporting rules; rules on the empowerment of minority shareholders; the role of the general meeting; regulation of the market for corporate control; certifications; rules on liability of directors; and role of auditors and accountants. In its in-depth analysis of the benefits and potential disadvantages of each instrument and what may be achieved both at company level and generally, this book will prove of value to all concerned with promoting responsible corporate governance, whether in business, government, or academia.
Book Synopsis The British National Bibliography by : Arthur James Wells
Download or read book The British National Bibliography written by Arthur James Wells and published by . This book was released on 2005 with total page 1664 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Current Law Index written by and published by . This book was released on 2007 with total page 1560 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 Company Law in Context by : David Kershaw
Download or read book Company Law in Context written by David Kershaw and published by Oxford University Press. This book was released on 2012-06-28 with total page 945 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Company Law in Context' is an ideal main text for company law courses. David Kershaw places company law in its economic, business, and social context, making more accessible and relevant the cases, statutes, and other forms of regulation. A running case study provides a practical perspective.
Book Synopsis Index to Legal Periodicals & Books by :
Download or read book Index to Legal Periodicals & Books written by and published by . This book was released on 2005 with total page 2288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Globalization of Corporate Governance by : Alan Dignam
Download or read book The Globalization of Corporate Governance written by Alan Dignam and published by Routledge. This book was released on 2016-03-09 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process of economic globalization, as product and capital markets have become increasingly integrated since WWII, has placed huge, and it is argued by some, irresistible pressures on the world's 'insider' stakeholder oriented corporate governance systems. Insider corporate governance systems in countries such as Germany, so the argument goes, should converge or be transformed by global product and capital market pressures to the 'superior' shareholder oriented 'outsider' corporate governance model prevalent in the UK and the US. What these pressures from globalization are, how they manifest themselves, whether they are likely to cause such a convergence/transformation and whether these pressures will continue, lie at the heart of the exploration in this volume. The Globalization of Corporate Governance provides a detailed analysis of the evolution of the key corporate governance systems in the UK, the US and Germany from the perspective of the development of economic globalization. As such it is a valuable resource for those interested in how economic and legal reforms interact to produce change within corporate governance systems.
