Shareholder S Liability

Author : Anonim
Publisher : Kluwer Law International B.V.
Page : 266 pages
File Size : 53,7 Mb
Release : 2017-03-24
Category : Law
ISBN : 9789041184122

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Shareholders’ Liability: The Comparative Law Yearbook of International Business Special Issue, 2017 by Anonim Pdf

Shareholder liability was once discussed only in terms of liability for the debts of the corporation in which the shareholders hold interest. That is now a shifting scene, influenced in the main by the emergence of shareholder activism and derivative litigation, with its attendant increase of risk for officers and directors, and “fee shifting” provisions in corporate bylaws, allowing corporations to seek legal fees from unsuccessful shareholder plaintiffs. In this edition of the Comparative Law Yearbook for International Business, practitioners from 10 jurisdictions examine recent developments in shareholder liability. The introductory chapter “Liability of Shareholders in Modern Company Law”, sets the stage for reports from Argentina, Belgium, Brazil, Croatia, Germany, Indonesia, Mexico, Portugal, and the United States.

Author : Dennis Campbell
Publisher : Comparative Law Yearbook
Page : 264 pages
File Size : 51,7 Mb
Release : 2017
Category : Law
ISBN : 9041184112

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Shareholder's Liability by Dennis Campbell Pdf

Shareholder liability was once discussed only in terms of liability for the debts of the corporation in which the shareholders hold interest. That is now a shifting scene, influenced in the main by the emergence of shareholder activism and derivative litigation, with its attendant increase of risk for officers and directors, and "fee shifting" provisions in corporate bylaws, allowing corporations to seek legal fees from unsuccessful shareholder plaintiffs. In this edition of the Comparative Law Yearbook for International Business, practitioners from 10 jurisdictions examine recent developments in shareholder liability. The introductory chapter "Liability of Shareholders in Modern Company Law", sets the stage for reports from Argentina, Belgium, Brazil, Croatia, Germany, Indonesia, Mexico, Portugal, and the United States.

Author : Alexander Loos
Publisher : Kluwer Law International B.V.
Page : 674 pages
File Size : 50,8 Mb
Release : 2016-09-01
Category : Law
ISBN : 9789041158529

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Directors’ Liability: A Worldwide Review by Alexander Loos Pdf

This acclaimed reference book for international business lawyers first appeared in 2006, with a second edition in 2010. Now in its third edition, and once again published in conjunction with the International Bar Association, this comparative study of a crucial issue in corporate law gives practitioners a powerful and decisive tool for ascertaining and comparing the law affecting directors’ liability in today’s globalizing economies. Covering nearly fifty jurisdictions worldwide (including eight not previously covered), the third edition affords senior lawyers in major firms the opportunity to provide concise, detailed, and easy-to-understand summaries on his or her home law on directors’ liability. Authors whose research appeared in earlier editions have updated their chapters, and the case law summarized and analysed now reflects published cases through the end of March 2016. The contributions describe the relevant law in force in each particular jurisdiction, along with an insightful discussion of trends and future prospects. For each of the different jurisdictions the authors detail and explain such factors as the following: - national legal theories of director liabilities; - recent cases dealing with directors’ liability; - corporate governance; and - indemnification and insurance. Where applicable, coverage also includes the legal implications of jurisdictional variations in such matters as judicial review, lawyer directorship, directors’ reliance on outside professionals, and the effect of the European Action Plan. References have been thoroughly updated throughout, and include many new online sources. This publication will be of enormous value to legal practitioners, whether in private practice or in the legal department of a globally active company, as a comprehensive and easy means of access to the law of foreign jurisdictions on directors’ liability.

Author : Helen Anderson
Publisher : Kluwer Law International B.V.
Page : 354 pages
File Size : 49,9 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041126740

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Directors' Personal Liability for Corporate Fault by Helen Anderson Pdf

This collection of essays describes and analyzes the legal regimes governing directors' liability for corporate fault and default across eleven important trading jurisdictions.

Author : Klaus J. Hopt,Gunther Teubner
Publisher : Walter de Gruyter
Page : 476 pages
File Size : 52,8 Mb
Release : 2012-08-28
Category : Law
ISBN : 9783110871111

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Corporate Governance and Directors' Liabilities by Klaus J. Hopt,Gunther Teubner Pdf

Author : Barry J. Reiter
Publisher : CCH Canadian Limited
Page : 604 pages
File Size : 52,6 Mb
Release : 2006
Category : Business & Economics
ISBN : 1553676939

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Directors' Duties in Canada by Barry J. Reiter Pdf

Author : Simon Deakin,Helmut Koziol,Olaf Riss
Publisher : Walter de Gruyter GmbH & Co KG
Page : 1019 pages
File Size : 52,8 Mb
Release : 2018-02-19
Category : Law
ISBN : 9783110489965

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Directors & Officers (D & O) Liability by Simon Deakin,Helmut Koziol,Olaf Riss Pdf

In recent years several cases concerning the liability of directors and officers have courted controversy. Arguments raised in such discussions oscillate between two extremes: on the one hand, the need for governing bodies to give a space to entrepreneurial discretion and on the other hand to ensure the protection of investors in and creditors of a company from the consequences of disadvantageous decisions by those bodies. In light of the geographical dispersal of the above stakeholders, the study offers a comparative insight into the liability of directors and officers in 10 key European jurisdictions (in particular, Austria, Czech Republic, Germany, Italy, the Netherlands, Norway, Poland, Spain and Switzerland) and 4 non-European jurisdictions (namely Brazil, Israel, Turkey and the United States). Amongst other things it investigates existing company law principles on the topic and examines their interaction with tort law and other fields with a view to suggesting principles for better stakeholder protection. National reports are complemented by an economic analysis and insurance, conflict of laws and comparative reports. The study also benefits from case study analyses.

Author : Timo Rapakko
Publisher : Unknown
Page : 482 pages
File Size : 42,9 Mb
Release : 1997-01-01
Category : Law
ISBN : 9041109978

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Unlimited Shareholder Liability in Multinationals by Timo Rapakko Pdf

Unlimited liability of controlling shareholders, otherwise known as piercing the corporate veil, has been frequently suggested as an approach to corporate liability. Unlimited Shareholder Liability in Multinationals examines this type of liability, especially in multinational groups based upon an economic analysis of risk allocation between corporations and various corporate shareholders. The analysis also contrasts shareholders' limited liability with two other similar liability limitations: the use of negligence as opposed to strict liability in tort law, and non-liability for consequential damages in contract law. Unlimited Shareholder Liability in Multinationals ultimately suggests that shareholder control cannot be used as a liability criterion. Its analysis indicates further that other legal regimes can more efficiently eliminate inefficient or inequitable corporate risk allocation than unlimited shareholder liability. the author recommends using a liquidation priority for certain pre-insolvency claims in combination with a mandatory disclosure of shareholders' losses of their equity as such a regime. The book's interdisciplinary approach--including both an economic and a legal analysis--makes it important reading for corporate attorneys, in-house counsel, and legal scholars.

Author : Edward Smerdon
Publisher : Globe Law and Business Limited
Page : 392 pages
File Size : 47,8 Mb
Release : 2007
Category : Business & Economics
ISBN : STANFORD:36105134418826

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Directors' Liability and Indemnification by Edward Smerdon Pdf

The only work of its kind, this new book will be a powerful tool in assisting directors, officers and in-house counsel of national and international companies, and the private practice lawyers advising them, to make well-informed judgements about the risks they are taking.

Author : Anonim
Publisher : Unknown
Page : 53 pages
File Size : 51,8 Mb
Release : 1991
Category : Electronic
ISBN : OCLC:1015752046

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Directors' Liability by Anonim Pdf

Author : Bottomley, Stephen
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 46,7 Mb
Release : 2021-11-09
Category : Law
ISBN : 9781800373402

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The Responsible Shareholder by Bottomley, Stephen Pdf

Examining the role of shareholders in modern companies, this timely book argues that more should be expected of shareholders, both morally and legally. It explores the privileged position of shareholders within the corporate law system and the unique rights and duties awarded to them in contrast to other corporate actors. Introducing the concept of shareholders as responsible agents whose actions and inactions should be judged on that basis, Stephen Bottomley unites a number of distinct corporate governance discussions including stewardship, activism and shareholder liability.

Author : Stefan H. C. Lo
Publisher : Cambridge Scholars Publishing
Page : 410 pages
File Size : 50,5 Mb
Release : 2016-01-14
Category : Law
ISBN : 9781443887717

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In Search of Corporate Accountability by Stefan H. C. Lo Pdf

There is currently much debate over corporate social responsibility on whether business companies should look beyond shareholder primacy and profit maximisation to act for the benefit of others. It is generally agreed, however, even amongst advocates of shareholder primacy, that profit maximisation should only be achieved within the framework of external laws regulating the conduct of individuals and companies generally. If the objectives of such external laws are not to be defeated, then it is important for controllers of companies to ensure corporate compliance with the law. Despite this, controversies have arisen where corporate enterprises may have improperly flouted or evaded liabilities under the law. Against this background, it is argued in this book that it is necessary to ensure that responsible persons are accountable under the law so as to promote compliance with legal regulations in the corporate context. Individuals or entities behind the company who are responsible for wrongful conduct should be held liable under the law – whether it be tort law or statutory regulation. Some counter that the corporate law principles of limited liability and separate entity have the primacy to effectively shield those behind the company from at least certain types of liability. However, it is undesirable for corporate insiders to hide behind the company to avoid tortious or statutory liabilities. This book adopts a theory of interactive (corrective) justice that is applied in the corporate context to justify the imposition of civil liability on responsible directors, shareholders and other corporate participants under Anglo-Australian law. In light of this theoretical framework, possibilities of rectifying deficiencies in the law through judicial development of existing legal principles are examined. To the extent that appropriate directions in the law cannot be achieved via judicial development of the law, the book also investigates possibilities of statutory reform.

Author : Seymour Dwight Thompson
Publisher : Unknown
Page : 584 pages
File Size : 46,5 Mb
Release : 1879
Category : Corporation law
ISBN : STANFORD:36105062194043

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A Treatise on the Liability of Stockholders in Corporations by Seymour Dwight Thompson Pdf

Author : Alexander Loos
Publisher : Kluwer Law International
Page : 0 pages
File Size : 41,7 Mb
Release : 2010
Category : Directors of corporations
ISBN : 9041132503

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Directors' Liability by Alexander Loos Pdf

This volume provides a comparative examination of the law on company directors' liabilities in 40 different national jurisdictions and with regards to the European Action Plan (coverage has been expanded for this second edition to such countries as the United Arab Emirates, Mongolia, China, Russia, Ukraine, and Vietnam). The chapters are presented according to a shared template covering such topics as "national basics" and national legal theories of directors' liabilities; recent cases; liability issues regarding who can sue or be sued, thresholds and limitations/caps of liabilities, joint liability/solidarity, derivative actions, class actions, and liability in the event of bankruptcy; indemnification and insurance; and possible future legislation development.

Author : William E. Knepper
Publisher : MICHIE
Page : 922 pages
File Size : 54,6 Mb
Release : 1978
Category : Corporation law
ISBN : STANFORD:36105044510571

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Liability of Corporate Officers and Directors by William E. Knepper Pdf

This book discusses how directors and officers can limit and protect against personal liability for corporate acts. Conflict of interest, class actions, liability of third persons, SEC regulatory actions, indemnification and contribution, and other relevant issues are addressed in the work.