Enforcing shareholders' duties
by Birkmose, Hanne S. Sergakis, Konstantinos
"A heavily debated topic, the evolution of shareholders' duties risks the transformation of the very concept of shareholder primacy, crucially associated with shareholder rights. Offering a distinctive and comprehensive examination of both current and forthcoming enforcement mechanisms in the area of shareholder duties, this timely book provides an exhaustive analysis of the many issues related to these mechanisms, and considers the ongoing challenges surrounding their implementation. [This boo…
Read More ↓Title Statements
- Full title :Enforcing shareholders' duties / edited by Hanne S. Birkmose, Professor, Department of Law, Aarhus University, Denmark; Konstantinos Sergakis, Senior Lecturer in Law, University of Glasgow, UK.
Summary
"A heavily debated topic, the evolution of shareholders' duties risks the transformation of the very concept of shareholder primacy, crucially associated with shareholder rights. Offering a distinctive and comprehensive examination of both current and forthcoming enforcement mechanisms in the area of shareholder duties, this timely book provides an exhaustive analysis of the many issues related to these mechanisms, and considers the ongoing challenges surrounding their implementation. [This book] is unique in critically challenging the revised Shareholder Rights Directive as well as other legal provisions. Adopting a holistic view of the possible enforcement issues shareholders may face in company law, it argues for a measured approach in the design of such enforcement mechanisms and for a careful consideration of the effects of a legal interventionist approach...[Chapters] provide arguments and recommendations for future regulatory initiatives aimed at ensuring shareholders will remain incentivised to invest in companies, whilst still assuming their responsibilities."--
Read More ↓Edition Statements
- Publication Date:2019
Publication Statements
- Publisher(s):Edward Elgar Publishing
- Place of Publication:Cheltenham, UK
- Language:eng
- Publication Date:2019
The Physical Object
- Description:xiii, 293 pages ; : 24 cm.
Edition Identifiers
- ISBN:9781788114868, 1788114868
- oclc:on1055913094
- LC Classification:K1338
- Dewey Decimal:346.0666
Table of Contents
Legal and economic rationales for shareholder duties and their enforcement / Anita Anand and Christopher Pukas -- Duties imposed on specific shareholders only, and enforcement implications / Hanne S. Birkmose -- Shareholder engagement duties : the European move beyond stewardship / Christoph Van der Elst -- Contractual enforcement of shareholders' duties / Corrado Malberti -- Private vs public enforcement of shareholder duties / Iris H-Y. Chiu -- Legal vs social enforcement of shareholder duties / Konstantinos Sergakis -- Enforcing shareholder duties through suspension of the exercise of voting rights / Mette Neville and Karsten Engsig Sørensen -- Financial sanctions for breach of shareholders' duties / Jennifer Payne and Elizabeth Howell -- The basis of shareholder liability for corporate wrongs / Christian A. Witting -- Barriers to shareholder identification and entitlement / Matteo Gargantini -- Barriers to the enforcement of shareholders' duties flowing from primary EU law / Christoph Teichmann and Lothar Wolff -- Jurisdictional barriers to enforcement / Justin Borg-Barthet.
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