A Comparative Study Of Shareholders Derivative Actions

Author : Xiaoning Li
Publisher : Kluwer Law International
Page : 0 pages
File Size : 48,8 Mb
Release : 2007
Category : Derivative securities
ISBN : 904112635X

Get Book

A Comparative Study of Shareholders' Derivative Actions by Xiaoning Li Pdf

In this book shareholders' derivative actions in England, The US, Germany and China are being compared. Western countries among themselves take differing approaches towards derivative action in practice, including its very role and the mechanisms for regulating it. As far as the function of derivative action is concerned, The author concludes that (1) derivative actions play different roles in all these countries; (2) their function may vary according To The agency problems to be solved and the type and size of the companies involved; (3) derivative action is only one method in a comprehensive system of corporate governance. Comparative study shows that the issue of how to strike a balance between corporate efficiency and protection For The company and its minority shareholders is key in derivative actions.

Author : Dan W. Puchniak,Harald Baum,Michael Ewing-Chow
Publisher : Cambridge University Press
Page : 128 pages
File Size : 40,9 Mb
Release : 2012-06-28
Category : Law
ISBN : 9781139510592

Get Book

The Derivative Action in Asia by Dan W. Puchniak,Harald Baum,Michael Ewing-Chow Pdf

This in-depth comparative examination of the derivative action in Asia provides a framework for analysing its function, history and practical application and examines in detail how derivative actions law works in practice in seven important Asian jurisdictions (China, Hong Kong, India, Japan, Korea, Taiwan and Singapore). These case studies allow an evaluation of a number of the leading Western comparative corporate law and governance theories which have come to define the field over the last decade. By debunking some of these critically important theories, this book lays the foundation for an accurate understanding of the derivative action in Asia and a re-examination of the regulation of the derivative action around the world.

Author : Lang Thai
Publisher : Unknown
Page : 0 pages
File Size : 49,6 Mb
Release : 2023
Category : Corporate governance
ISBN : 1032553138

Get Book

Corporate Governance and Statutory Derivative Actions by Lang Thai Pdf

"This book is the first comprehensive study of the statutory derivative action in Australia, using the Australian model as a reference point and comparing it with the UK, Canada, Singapore, New Zealand, Hong Kong and USA counterparts. The book includes an empirical study covering over a twenty-year period from the date the statutory framework came into operation, coupled with extensive case law analysis and comparisons with other jurisdictions. It informs the world about the uniqueness of Australia's statutory derivative action, and what other countries can learn from it as shareholder protection and promotion of good corporate governance. While some countries have statutory derivative action, there are still countries that do not have the statutory framework that are considering introducing it into their corporate law. This book provides insights and suggestions for lawmakers, litigation practitioners and researchers worldwide in reforming their existing model"--

Author : Wenjing Chen
Publisher : Springer
Page : 264 pages
File Size : 40,7 Mb
Release : 2017-04-25
Category : Law
ISBN : 9789811036231

Get Book

A Comparative Study of Funding Shareholder Litigation by Wenjing Chen Pdf

This book studies the funding problems with shareholder litigation through a functionally comparative way. In fact, funding problems with shareholder lawsuits may largely discourage potential shareholder litigants who bear high financial risk in pursuing such a claim, but on the other hand they may not have much to gain. Considering the lack of incentives for potential shareholder claimants, effective funding techniques should be in place to make shareholder actions function as a corporate governance tool and discipline corporate management. The book analyzes, among others, the practice of funding shareholder litigation in the Australia, Canada, the UK, the US and Israel, and covers all of the typical approaches being used in financing shareholder litigation in the current world. For instance, Israel and Canada (Quebec and Ontario) are probably unique in having a public funding mechanism for derivative actions and class actions, while Australia is the country where third party litigation funding is originated and is growing rapidly. Based on this comparative research, the last part of this book discusses how to fund shareholder litigation in China in context of its social and legal background and what kind of problems need to be solved if certain funding techniques are used.

Author : Georgios Zouridakis
Publisher : Routledge
Page : 204 pages
File Size : 45,8 Mb
Release : 2019-11-26
Category : Business & Economics
ISBN : 9781000757507

Get Book

Shareholder Protection Reconsidered by Georgios Zouridakis Pdf

This book examines the role and potential of derivative actions in shareholder protection in public limited companies. Derivative actions have been a focal point of legislators’ agendas on shareholder protection, in the past few decades, throughout Europe and beyond. Nevertheless, there remain jurisdictions, such as Greece, which are still devoid of this remedy. Against this backdrop, this book examines whether and how the derivative action may improve shareholder protection, constituting thus a mechanism that justifies legislative attention. It does so in three parts. First, it analyses the desirable role derivative actions assume in protecting shareholder property, monitoring corporate management and mitigating agency costs, alongside their economic implications, introducing the reader to the contemporary international debate on the topic. Having set the desiderata, the second part proceeds with the comparative analysis of Greek, German and UK law – jurisdictions that have recently reformed their provisions on shareholder protection – examining not only the law on derivative actions and their Greek counterpart remedy but also mechanisms of shareholder protection that do, or could, assume functions similar to those of the derivative action. By critically assessing the merits and failures of the respective UK, German and Greek shareholder protection laws, the book then proceeds to offer (in Part III) a model framework of shareholders’ derivative litigation for jurisdictions considering reform. Written in an accessible format, it will be an invaluable resource for anyone interested in this important aspect of company law and corporate governance.

Author : Deborah A. DeMott
Publisher : Unknown
Page : 128 pages
File Size : 54,5 Mb
Release : 2012
Category : Stockholders
ISBN : OCLC:861666100

Get Book

Shareholder Derivative Actions by Deborah A. DeMott Pdf

Author : Afra Afsharipour,Martin Gelter
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 44,9 Mb
Release : 2021-06-25
Category : Law
ISBN : 9781788975339

Get Book

Comparative Corporate Governance by Afra Afsharipour,Martin Gelter Pdf

This research handbook provides a state-of-the-art perspective on how corporate governance differs between countries around the world. It covers highly topical issues including corporate purpose, corporate social responsibility and shareholder activism.

Author : A. J. Boyle
Publisher : Cambridge University Press
Page : 168 pages
File Size : 45,6 Mb
Release : 2002-01-17
Category : Law
ISBN : 9781139432078

Get Book

Minority Shareholders' Remedies by A. J. Boyle Pdf

A. J. Boyle assesses the state of English company law on minority shareholders' remedies from historical, theoretical and comparative perspectives in this important addition to Cambridge Studies in Corporate Law. He analyses the reforms of the UK Law Commission, which have been further appraised and amplified by the work in progress of the Company Law Review Steering Group. The book covers the common law actions by exception to the Rule in Foss v. Harbottle, and the statutory remedies by way of petition for unfair prejudice and/or just and equitable winding up. As well as considering the complexities of derivative actions and statutory minority remedies, Boyle discusses directions for minority shareholders' remedies. This book will be of interest to academics and practitioners in company and corporate law, particularly in the UK, US, France and Germany, as well as throughout the Commonwealth.

Author : Douglas K. Moll,Robert A. Ragazzo
Publisher : Unknown
Page : 0 pages
File Size : 55,6 Mb
Release : 2022
Category : Electronic
ISBN : 1663351279

Get Book

Closely Held Corporations by Douglas K. Moll,Robert A. Ragazzo Pdf

Author : Stefan Wrbka,Steven Van Uytsel,Mathias Siems
Publisher : Cambridge University Press
Page : 457 pages
File Size : 54,7 Mb
Release : 2012-04-30
Category : Law
ISBN : 9781107021549

Get Book

Collective Actions by Stefan Wrbka,Steven Van Uytsel,Mathias Siems Pdf

This volume of essays examines whether collective actions can enhance access to justice for multilayer interests.

Author : Arad Reisberg
Publisher : Oxford University Press, USA
Page : 334 pages
File Size : 55,9 Mb
Release : 2007
Category : Law
ISBN : 0199204896

Get Book

Derivative Actions and Corporate Governance by Arad Reisberg Pdf

This volume examines the circumstances in which a shareholder can bring an action on behalf of a company (a derivative action), exploring how this remedy may be used to ensure good corporate governance, and laying out a theoretical framework and practical guidance for future development of the law. Derivative actions are an important aspect of the continuing debate about corporate governance in the UK, the US and many other jurisdictions worldwide. This book offers a conceptually inclusive approach to thinking about derivative actions by providing a detailed and clear overview, commentary, and a theoretical explanation of the law governing derivative actions in the corporate governance context. Reisberg provides a fundamental reassessment of the nature and objectives of the derivative action, and conceptualizes a new nodel of the derivative action mechanism. He argues that action should be taken in three areas: (1) conceptual (adoption of a new framework- the 'Functionaland Focused Model' set out in the book) (2) strategic (employment of appropriate incentives and fee rules which advance the premises behind the Model) (3) maintaining doctrinal consistency (clarification of the interaction between the derivative action and other remedies available to shareholders) This book offers practical guidance on solving current problems in many jurisdictions based on case law, and on substantive legal, economic, and comparative research. It also provides a comprehensive and detailed analysis and commentary on the regime governing derivative actions under Part 11 of the Companies Act 2006 in the UK.

Author : Matthias W. Stecher
Publisher : Unknown
Page : 398 pages
File Size : 49,5 Mb
Release : 1997
Category : Consolidation and merger of corporations
ISBN : STANFORD:36105062257097

Get Book

Protection of Minority Shareholders by Matthias W. Stecher Pdf

Author : Andreas M. Fleckner,Klaus J. Hopt
Publisher : Cambridge University Press
Page : 128 pages
File Size : 49,9 Mb
Release : 2013-07-11
Category : Law
ISBN : 9781107355118

Get Book

Comparative Corporate Governance by Andreas M. Fleckner,Klaus J. Hopt Pdf

The business corporation is one of the greatest organizational inventions, but it creates risks both for shareholders and for third parties. To mitigate these risks, legislators, judges, and corporate lawyers have tried to learn from foreign experiences and adapt their regulatory regimes to them. In the last three decades, this approach has led to a stream of corporate and capital market law reforms unseen before. Corporate governance, the system by which companies are directed and controlled, is today a key topic for legislation, practice, and academia all over the world. Corporate scandals and financial crises have repeatedly highlighted the need to better understand the economic, social, political, and legal determinants of corporate governance in individual countries. Comparative Corporate Governance furthers this goal by bringing together current scholarship in law and economics with the expertise of local corporate governance specialists from twenty-three countries.

Author : Hans-Christoph Hirt
Publisher : Peter Lang Publishing
Page : 408 pages
File Size : 47,6 Mb
Release : 2004
Category : Business & Economics
ISBN : IND:30000101086340

Get Book

The Enforcement of Directors' Duties in Britain and Germany by Hans-Christoph Hirt Pdf

The power to control litigation in the company's name is normally vested in the board of directors. This gives rise to a conflict of interest whenever some or all of the directors breach their duties. In such a situation, the board's decision whether or not to litigate is potentially tainted because the wrongdoers are part of the decision-making process. The board as a whole is therefore an unsuitable decision-making body and the following question arises: who should decide whether it is in the company's interest to initiate litigation against the alleged wrongdoers? There are a number of different persons and bodies in which the decision-making power could be vested. The British approach is the reversion of management power to the shareholders in general meeting and, in certain restricted situations, the availability of the derivative action brought by a shareholder on behalf of the company. Both mechanisms give rise to significant difficulties. This book begins by explaining the board's conflict of interest, sets out a theoretical framework of legal strategies that cover the whole range of approaches to deal with it and analyses their strengths and weaknesses. The analysis consists of an assessment and comparison of four models of the enforcement of directors' duties, which are based on the current law and reform proposals in Britain and Germany. Particular reference is made to recent case law and its practical implications.

Author : Jingchen Zhao
Publisher : Edward Elgar Publishing
Page : 293 pages
File Size : 51,9 Mb
Release : 2022-12-06
Category : Law
ISBN : 9781784719111

Get Book

Derivative Actions and Corporate Governance in China by Jingchen Zhao Pdf

This book examines corporate governance rules in China, and highlights the deficiencies in current company law, with the purpose of arguing for a more effective derivative action mechanism, for the benefit of shareholders and their companies.