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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
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
these reforms is through state law fiduciary duties. My article demonstrates how state courts have started to enforce the … governance mandates under the reforms through fiduciary duties. Specifically, in my article I examine the watershed Disney case … shareholder expectations in fiduciary duty law, thereby making directors more responsive to the shareholders who elected them …
Persistent link: https://www.econbiz.de/10013159190
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
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
In this chapter, we identify a fundamental contradiction in the law of fiduciary duty of corporate directors across …
Persistent link: https://www.econbiz.de/10012905169
This review considers two recently published texts, Company Directors' Responsibilities to Creditors by Andrew Keay, hereafter identified as Keay's text, and Directors' Duties During Insolvency by Allens Arthur Robinson, hereafter identified as Allens' text. Where possible comparisons are drawn...
Persistent link: https://www.econbiz.de/10013082715
The Companies Act 71 of 2008 introduced into South African law a provision which for the first time permits the board of directors to remove another director from office in certain instances. This provision is contained in section 71(3). Compared to the equivalent provision in some leading...
Persistent link: https://www.econbiz.de/10012825028
Persistent link: https://www.econbiz.de/10013062099