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responsibility to monitor the corporation and its managers, especially in terms of the latter's' misdeeds. Corporate governance … directors' responsibilities but has not reconciled those responsibilities with board functions and fiduciary law, at least in …
Persistent link: https://www.econbiz.de/10013099463
; for dishonest or misleading conduct under the financial services laws; through the application of certain fiduciary …
Persistent link: https://www.econbiz.de/10013128734
Persistent link: https://www.econbiz.de/10011312158
the so-called fiduciary duty to creditors. If the duty to creditors is created only at insolvency or dissolution, what …-protection provisions in indenture and other contractual arrangements with the corporation? Does this fiduciary duty arise from, and is it … fiduciary obligation occurring at dissolution or insolvency …
Persistent link: https://www.econbiz.de/10014050387
formula for a director's fiduciary duties supplants any prior common law, both as to the nature of the fiduciary duties and to …
Persistent link: https://www.econbiz.de/10013106166
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
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
This study examines how UK pension fund trustees interpret the concept of their fiduciary duties in practice and how … concept of Fiduciary Duty in the area of pension funds. A model identifying the spectrum of pension fund engagement is … developed, showing how different interpretations of fiduciary duty may be linked to various intensity and methods of engagement …
Persistent link: https://www.econbiz.de/10012893203
Fiduciary duties are often today held out as typical instruments of shareholder protection in the common law of both … law conducive to good capital market development. However, fiduciary duties in these two jurisdictions often operate in … only in the US fiduciary duties are typically enforced by the courts, whereas in the UK, corporate law enforcement is …
Persistent link: https://www.econbiz.de/10012854910
I explore whether directors who resign in dissent from their board are rewarded in the labor market for directors. Using a hand collected sample of 278 boardroom disputes reported in 8-K filings during 1995-2006, I show that firms which have disputes are small, highly levered, have poor...
Persistent link: https://www.econbiz.de/10013133018