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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


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


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


Companies Act 2006: A New Approach to Directors’ Duties

Mary Arden

in Common Law and Modern Society: Keeping Pace with Change

Published in print:
2015
Published Online:
March 2016
ISBN:
9780198755845
eISBN:
9780191816970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755845.003.0016
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter deals with the codification of directors’ duties and the new provisions thereof. Before codification, directors’ duties had been developed by the courts through numerous cases, which ... More


Hostile Takeovers and the Non-Frustration Rule

David Kershaw

in Principles of Takeover Regulation

Published in print:
2016
Published Online:
March 2021
ISBN:
9780199659555
eISBN:
9780191932731
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199659555.003.0011
Subject:
Law, Company and Commercial Law

This Chapter considers the keystone rule, the non-frustration rule and its operation and effect in the context of hostile takeovers. The Chapter first explores the scope of the rule to determine ... More


Regulating Board Discretion: Directors’ Duties

David Kershaw

in Principles of Takeover Regulation

Published in print:
2016
Published Online:
March 2021
ISBN:
9780199659555
eISBN:
9780191932731
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199659555.003.0010
Subject:
Law, Company and Commercial Law

This Chapter steps away from the Code’s regulation of the deal process to consider UK company law’s regulation of target and bidder directors’ discretion in an offer. Here we consider the ... More


The English Scheme of Arrangement

Nicolaes Tollenaar

in Pre-Insolvency Proceedings: A Normative Foundation and Framework

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198799924
eISBN:
9780191864742
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198799924.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter examines the English scheme of arrangement, which is laid down in sections 895–99 of the Companies Act 2006. It gives an outline of the procedure and looks at past attempts to reform the ... More


Introduction to Company Law

Paul Davies

Published in print:
2020
Published Online:
April 2020
ISBN:
9780198854913
eISBN:
9780191888977
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198854913.001.0001
Subject:
Law, Company and Commercial Law

Introduction to Company Law provides a conceptual introduction and a clear framework with which to navigate the intricacies of company law. The book analyses the mechanisms through which the law ... More


The Board

Paul Davies

in Introduction to Company Law

Published in print:
2020
Published Online:
April 2020
ISBN:
9780198854913
eISBN:
9780191888977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198854913.003.0002
Subject:
Law, Company and Commercial Law

This chapter deals with the board. It analyses the rationales, within different types of company, for the division of powers between (a) the shareholders and the board, and (b) the board and the ... More


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