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responsibility to monitor the corporation and its managers, especially in terms of the latter's' misdeeds. Corporate governance … reform of the financial system and involvement in corporate governance matters. Such involvement has increased board of … directors' responsibilities but has not reconciled those responsibilities with board functions and fiduciary law, at least in …
Persistent link: https://www.econbiz.de/10013099463
comparative perspective, two core aspects of this “braided framework”. First, the Article considers fiduciary duties. It argues … that, although there are broad similarities in the scope and operation of fiduciary duties in common law jurisdictions … of their powers. These codes may also interact with fiduciary duties in complex and interesting ways, either …
Persistent link: https://www.econbiz.de/10012843797
probability) in business continuity that may justify it. Such are, going forward, the contents of their fiduciary duties where …
Persistent link: https://www.econbiz.de/10012844476
conflict of interest, or whether a flexible and pragmatic approach, may, and ought to be, applied in a modern commercial world … law to adopt a flexible and pragmatic approach to a director's fiduciary duty post-resignation, and that such an approach …
Persistent link: https://www.econbiz.de/10012824941
This article examines the specific fiduciary duties of directors which apply when the board of directors removes a … office. Recommendations are made relating to the fiduciary duties of directors in removing fellow board members from office …
Persistent link: https://www.econbiz.de/10012824974
enactment of CA 2006, s 170(5), such an argument is contingent upon the shadow director-company relationship being fiduciary in … nature. It is argued here that such a relationship is fiduciary in nature, but the current approach of the English courts of … application of fiduciary obligations to shadow directors. This position is supported by establishing a theoretical basis for the …
Persistent link: https://www.econbiz.de/10013048194
While reference to "fiduciary duties" (plural) is routinely employed in the United States as a convenient short … "fiduciary duty." This contrast prompts some important questions about the doctrinal structure for duty of care analysis adopted … "fiduciary" duty? If so, then how should Delaware lawmakers and judges respond moving forward? In this Essay I argue that styling …
Persistent link: https://www.econbiz.de/10014151449
Boards of public corporations in the United States are becoming increasingly independent, due to an effort to ensure that shareholders' interests in the company are protected. Yet, little attention has been given to the way that board members obtain and digest the information necessary for their...
Persistent link: https://www.econbiz.de/10012968137
Investors have in recent years attempted to add climate proposals to the ballot of shareholder meetings, requesting climate disclosures, say on climate, or emission targets. However, many corporate law systems view environmental (and social) issues as matters of strategy and statutorily...
Persistent link: https://www.econbiz.de/10014259974
This article models the duty of care as a response to moral hazard where the principal seeks to induce effort that is costly to the agent and unobservable by the principal. The duty of loyalty, by contrast, is modeled as a response to adverse selection where the principal seeks truthful...
Persistent link: https://www.econbiz.de/10012826512