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The Way to Reform and a New Statutory Derivative Action: Much Ado About Nothing?

Arad Reisberg

in Derivative Actions and Corporate Governance

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199204892
eISBN:
9780191709487
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204892.003.0005
Subject:
Law, Company and Commercial Law

This chapter analyses the reforms of the derivative action in the UK. It begins by highlighting the deficiencies in the common law, the approach to reform, and the guiding principles for resolving ... More


The United Kingdom

Jonathan P. Charkham

in Keeping Better Company: Corporate Governance Ten Years On

Published in print:
2008
Published Online:
October 2011
ISBN:
9780199243198
eISBN:
9780191697234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243198.003.0006
Subject:
Business and Management, Corporate Governance and Accountability, Strategy

The factors influencing corporate governance in the United Kingdom include insularity/separateness; tolerance; trade and industry; employees and unions; making money; an adversarial approach; ... More


Types of Member Schemes

Geoff O’Dea, Julian Long, and Alexandra Smyth

in Schemes of Arrangement: Law and Practice

Published in print:
2012
Published Online:
March 2021
ISBN:
9780199665921
eISBN:
9780191932762
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199665921.003.009
Subject:
Law, Company and Commercial Law

Member schemes implemented pursuant to Part 26 of the Companies Act 2006 can be used to effect a wide variety of compromises and arrangements between a company and its shareholders. As described in ... More


Maintenance and Reduction of Capital

Eilís Ferran and Look Chan Ho

in Principles of Corporate Finance Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199671342
eISBN:
9780191788895
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671342.003.0007
Subject:
Law, Company and Commercial Law, Public International Law

This chapter first discusses the protection of creditors’ interests. It then covers the value of the legal capital doctrine; the development and maintenance of the capital regime in the UK; the ... More


The Role of the Directors

Eva Micheler

in Company Law: A Real Entity Theory

Published in print:
2021
Published Online:
December 2021
ISBN:
9780198858874
eISBN:
9780191890987
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858874.003.0007
Subject:
Law, Company and Commercial Law

This chapter describes the role of the directors. The duties of the directors are owed to the company and while the shareholders are the primary indirect beneficiaries of those duties, the law ... More


Share Buy-backs and Redeemable Shares

Eilís Ferran and Look Chan Ho

in Principles of Corporate Finance Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199671342
eISBN:
9780191788895
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671342.003.0008
Subject:
Law, Company and Commercial Law, Public International Law

This chapter discusses the regulation of share buy-backs and redeemable shares. Topics covered include arguments for and against allowing companies share buy-back/redeemable share issuance powers; ... More


Financial Assistance

Eilís Ferran and Look Chan Ho

in Principles of Corporate Finance Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199671342
eISBN:
9780191788895
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671342.003.0010
Subject:
Law, Company and Commercial Law, Public International Law

This chapter discusses the regulation of financial assistance, i.e. actions whereby a company financially supports the acquisition of its shares. The provision of financial assistance by public ... More


Share Allotments

Eilís Ferran and Look Chan Ho

in Principles of Corporate Finance Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199671342
eISBN:
9780191788895
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671342.003.0005
Subject:
Law, Company and Commercial Law, Public International Law

This chapter discusses the corporate regulation of share issuance activities. Topics covered include the regulation of regulating share issuance activities; the special protection of shareholders’ ... More


Directors: The Legal Framework

Jonathan Charkham and Anne Simpson

in Fair Shares: The Future of Shareholder Power and Responsibility

Published in print:
1999
Published Online:
October 2011
ISBN:
9780198292142
eISBN:
9780191684876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198292142.003.0006
Subject:
Business and Management, Corporate Governance and Accountability, Business History

This chapter discusses legislation that sets out the framework for companies in the UK. The Companies Act 1985 entrusts the conduct of business to the directors without distinction as to whether they ... More


The Organizational Framework

Eva Micheler

in Company Law: A Real Entity Theory

Published in print:
2021
Published Online:
December 2021
ISBN:
9780198858874
eISBN:
9780191890987
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858874.003.0006
Subject:
Law, Company and Commercial Law

This chapter assesses how the Companies Act establishes an organizational framework for companies by defining roles for the directors, the shareholders, the auditors, and the company secretary. The ... More


United Kingdom

Stuart H. Deming

in Anti-Bribery Laws in Common Law Jurisdictions

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199737710
eISBN:
9780199363070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737710.003.0008
Subject:
Law, Private International Law, Comparative Law

In perfecting its implementation of the OECD Convention, the UK Bribery Act replaced the United Kingdom's existing bribery offenses with a specific offense of bribery of foreign public officials and ... More


Corporate Personality

Eva Micheler

in Company Law: A Real Entity Theory

Published in print:
2021
Published Online:
December 2021
ISBN:
9780198858874
eISBN:
9780191890987
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858874.003.0002
Subject:
Law, Company and Commercial Law

This chapter discusses how separate legal personality can be explained as a solution developed by company law to address the problem that organizations are social rather than brute facts. For a ... More


England and Wales: National Correspondents: Prof Michael Anderson Schillig and Nick Segal, in Collaboration with Katharina Crinson

in Rescue of Business in Europe: A European Law Institute Instrument

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198826521
eISBN:
9780191932274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826521.003.0020
Subject:
Law, EU Law

A fixed charge receivership also does not fall neatly within either a pre-insolvency regime or an insolvency procedure. A fixed charge receivership is contractual in nature. A fixed charge receiver ... More


The Legal Obligations of Institutional Shareholders

Jonathan Charkham and Anne Simpson

in Fair Shares: The Future of Shareholder Power and Responsibility

Published in print:
1999
Published Online:
October 2011
ISBN:
9780198292142
eISBN:
9780191684876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198292142.003.0015
Subject:
Business and Management, Corporate Governance and Accountability, Business History

This chapter looks at the duties of fiduciary investors. Under the statute, shareholders owning fully paid shares have no obligations. The only requirement under the law is to disclose their identity ... More


Ireland

Stuart H. Deming

in Anti-Bribery Laws in Common Law Jurisdictions

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199737710
eISBN:
9780199363070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737710.003.0005
Subject:
Law, Private International Law, Comparative Law

In implementing the OECD Convention, Ireland adopted the Prevention of Corruption (Amendment) Act 2001 to amend its corruption law by replacing section 1 of the Prevention of Corruption Act 1906 to ... More


Evolution and Challenges in the Companies Act, 2013

Rajesh Chakrabarti and Mandar Kagade

in Corporate Governance in India: Change and Continuity

Published in print:
2016
Published Online:
December 2016
ISBN:
9780199469321
eISBN:
9780199087532
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199469321.003.0002
Subject:
Business and Management, Corporate Governance and Accountability

The chapter discusses the evolution of corporate governance norms in India since the liberalization of the Indian economy, touching upon the Kumar Mangalam Committee Report, the Narayana Murthy ... More


Evolution of Law Pertaining to Related-Party Transactions in India

Sandeep Parekh

in Corporate Governance in India: Change and Continuity

Published in print:
2016
Published Online:
December 2016
ISBN:
9780199469321
eISBN:
9780199087532
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199469321.003.0012
Subject:
Business and Management, Corporate Governance and Accountability

The problem of related-party transactions is a growing concern in India because the ownership model of Indian corporates is very concentrated. These are transactions between the company and its ... More


The Legal Structure of Corporate Social Responsibility in India

Jaivir Singh

in Corporate Governance in India: Change and Continuity

Published in print:
2016
Published Online:
December 2016
ISBN:
9780199469321
eISBN:
9780199087532
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199469321.003.0007
Subject:
Business and Management, Corporate Governance and Accountability

Corporate social responsibility (CSR) is now widely discussed in the light of the new provision in the Companies Act 2013. Jaivir Singh, in his chapter, has critically analysed the CSR provisions in ... More


Sweden: National Correspondent: Erik Selander

in Rescue of Business in Europe: A European Law Institute Instrument

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198826521
eISBN:
9780191932274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826521.003.0040
Subject:
Law, EU Law

When there is reason to believe that the company’s shareholders’ equity is less than half of the registered share capital, the Board of Directors must immediately prepare and force the company’s ... More


Limited Liability

Eva Micheler

in Company Law: A Real Entity Theory

Published in print:
2021
Published Online:
December 2021
ISBN:
9780198858874
eISBN:
9780191890987
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858874.003.0004
Subject:
Law, Company and Commercial Law

This chapter analyses rules that remove limited liability for shareholders and directors as well as for companies. While separate legal personality is immovably robust, limited liability is a more ... More


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