This Article explains the interplay between stewardship, shareholder activism, and ESG in the context of the National Pension Service (NPS) in Korea. Largely due to the NPS’s enormous influence in the domestic economy, stewardship and shareholder activism have emerged in Korea. Also,...

European company and financial law and regulation have been evolving over time along with business and financial practices. The resulting ‘social licence’ established by company and financial law and regulation aimed to balance the granted privileges of limited liability and share...

Debtholder stewardship refers to the involvement of corporate creditors in a firm’s governance framework with the aim of improving corporate decision-making. This article develops the theory of debtholder stewardship by identifying the mechanisms of debtholder influence, assessing their...

Debtholder stewardship refers to the involvement of corporate creditors in a firm’s governance framework with the aim of improving corporate decision-making. This article develops the theory of debtholder stewardship by identifying the mechanisms of debtholder influence, assessing their...

The Korean Stewardship Code is remarkably similar to the UK Stewardship Code in terms of the language. However, a significant difference lies in the motivation. A major concern in the UK is the dormancy of institutional investors in widely-held shareholding. Conversely, a primary purpose of...

At the heart of corporate governance are fundamental doctrines that limit court scrutiny of fiduciary and stockholder decisions: the business judgment rule limits scrutiny of informed director decisions and, as with Corwin cleansing, informed voting by “disinterested” shareholders is...

Abstract: The key issue concerning shareholder transparency rules, and the related rules on acting in concert (Europe), or the voting group concept (U.S.) is enforcement. Rather than thinking about appropriate enforcement measures, jurisdictions such as the UK and Switzerland decided in favor of...

Following recent developments in some European jurisdictions, the Committee on European Securities Regulators (CESR) proposed “to extend major shareholding notifications to instruments of similar economic effect to holding shares and entitlements to acquire shares” on 9 February 2010. This...

Corporate Governance relates to mechanisms through which providers of resources to the firm get their share of resources in return. Adequate governance practices help develop capital markets and assist market forces in attaining efficient contracts. Convincing evidence exists that well developed...

While many factors have contributed to the current financial turmoil, its roots can be traced back to misaligned incentives on the micro-level which resulted in numerous potential conflicts of interest. Examining the situation of investors and the various participants responsible for creating...