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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
Persistent link: https://www.econbiz.de/10012865939
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
case law on the statutory oppression remedy and directors' fiduciary duties, this article demonstrates how the two actions … directors. As a result, proof of breach of fiduciary duty may give rise to an equitable remedy and a remedy for oppression under … regulatory power of the shareholders of closely-held corporations and the augmentation of the prophylactic function of fiduciary …
Persistent link: https://www.econbiz.de/10013043352
This paper studies the relationship between the Revlon duties and the principle of maximizing shareholders' interests, and its position under the systems of Corporate Law, and then identifies the characteristics of relevant laws in Japan and Delaware. When considering the duties of directors of...
Persistent link: https://www.econbiz.de/10012923512
It is trite law that a director is a fiduciary to his or her company and must act in the interests of the company … director's fiduciary obligation, the interests of the company should be understood in the light of the company's changing life …
Persistent link: https://www.econbiz.de/10012924548
of the fiduciary duties of care and loyalty owed by corporate board members, and their application to traditional …
Persistent link: https://www.econbiz.de/10014214921
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
The English Court of Appeal has determined that directors must disclose their own fiduciary breaches. The court … what is plainly a novel imposition on fiduciaries. A duty to disclose fiduciary breaches is both practically unrealistic …
Persistent link: https://www.econbiz.de/10014056565
The law on nonprofit directors’ obligations is sparse and fragmented. Most of the discussion over the years is lore rather than law based on commentators’ suggestions for best practices. This article attempts a comprehensive and systematic analysis of the law relating to nonprofit...
Persistent link: https://www.econbiz.de/10014042728