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Purpose – The Stewardship Code, the first of its kind for the Financial Reporting Council, seeks to encourage better dialogue between shareholders and company boards. Given the UK market's role as a governance paragon, the code principles will be critical to practices of good stewardship...
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This chapter analyses recent reforms of the derivative claim in the UK as implemented by the Companies Act 2006. Recent reforms and modernisation of company law is part of a drive to facilitate enterprise and enhance the attractiveness of the UK as a location in which to do business. The reforms...
Persistent link: https://www.econbiz.de/10015383159
The purpose of this article is primarily to look into the early demonstration of the new statutory procedure relating to derivative claims under Part 11 of the Companies Act 2006 in two recent cases, and subsequently to assess the likely impact of these cases on the future development of the...
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Minority shareholders face particular difficulties where they seek redress against wrongdoing directors. This state of affairs seems to reflect an implicit acceptance both by the judiciary and the English Law Commission that is somehow undesirable that companies should be exposed to civil...
Persistent link: https://www.econbiz.de/10012774367
Under Civil Procedure Rules, Rule 19.9(3) a claimant must apply to the court for permission to continue a derivative action and may not take any other step in the proceedings except where the court gives permission. However, as Henderson QC, sitting as a deputy judge of the High Court, stated in...
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Written by leading academics in the area, Pettet, Lowry & Reisberg's Company Law offers comprehensive coverage of all major company law and financial regulation topics. It also introduces you to the theories, policies and wider socio-economic and political influences that underpin the legal...
Persistent link: https://www.econbiz.de/10012893201
This study examines how UK pension fund trustees interpret the concept of their fiduciary duties in practice and how these interpretations may shape pension fund approaches to corporate stewardship and engagement as envisioned by the UK Stewardship Code. Using the data from 35 in-depth,...
Persistent link: https://www.econbiz.de/10012893203