A Case for Shareholders' Fiduciary Duties in Common Law Asia
Series: International Corporate Law and Financial Market Regulation;
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64 496 Ft
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Product details:
- Publisher Cambridge University Press
- Date of Publication 22 August 2019
- ISBN 9781108426589
- Binding Hardback
- No. of pages652 pages
- Size 235x156x38 mm
- Weight 1050 g
- Language English
- Illustrations 5 b/w illus. 8 tables 0
Categories
Short description:
Reconceptualises the general meeting, controlling shareholders and institutional investors as fiduciaries in four leading common law Asian jurisdictions.
MoreLong description:
This book reconceptualises the role of the general meeting and shareholders in the listed companies in four leading common law jurisdictions in Asia (Singapore, Hong Kong, India and Malaysia) as one that should include fiduciary duties. It demonstrates why, when, by whom and how fiduciary duties should be imposed and how they could be enforced. In so doing, it refutes the long-standing common law rule that shareholders can generally vote as they please. The book advances the debate on a central notion of corporate law, namely, the interests of the company. It addresses the deficiencies in the law regulating conflicts of interest involving controlling shareholders and institutional shareholders and provides solutions to the problem of activist and passive minority institutional investors. This book challenges us to rethink the meaning and implementation of the long-term success of the company and shows how corporate governance should and could be made.
'Professor Lim's book is an impressive contribution to an important corporate governance debate regarding the role of shareholders. By combining excellent doctrinal, empirical and policy-focused research, he argues for a reconceptualisation of the role of shareholders in listed companies, including the imposition of fiduciary duties on these shareholders. The book primarily focuses on listed companies in Hong Kong, Singapore, India and Malaysia but is undoubtedly of broad international significance. Many will benefit from reading this insightful and thought-provoking book.' Ian Ramsay, Harold Ford Professor of Commercial Law and Redmond Barry Distinguished Professor, University of Melbourne
Table of Contents:
Part I. Introduction and Overview: 1. Introduction; 2. Common law jurisdictions in Asia: an overview; Part II. Role of General Meeting and Shareholders: 3. Powers, shareholders and justifications for duties; 4. Objections; Part III. The Mechanics of Imposing Duties: 5. 'What', 'whom', 'when', 'who' and 'how'; Part IV. Enforcement: 6. Enforcement; Part V. Conclusion: 7. Concluding remarks.
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