A Case for Shareholders' Fiduciary Duties in Common Law Asia
A Case for Shareholders' Fiduciary Duties in Common Law Asia
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A Case for Shareholders' Fiduciary Duties in Common Law Asia

By Ernest Lim
Cambridge University Press August 2019

Specifications

ISBN-13
9781108426589
Publisher
Cambridge University Press
Publication
August 2019
Format
Hardback , 628 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This book reconceptualises the role of the general meeting and shareholders in the listed companies in four leading common law jurisdictions in Asia (Singapore, Hong Kong, India and Malaysia) as one that should include fiduciary duties. It demonstrates why, when, by whom and how fiduciary duties should be imposed and how they could be enforced. In so doing, it refutes the long-standing common law rule that shareholders can generally vote as they please. It advances the debate on a central notion of corporate law, namely, the interests of the company. It addresses the deficiencies in the law regulating conflicts of interest involving controlling shareholders and institutional shareholders. And it provides solutions to the problem of activist and passive minority institutional investors. This book challenges us to rethink the meaning and implementation of the long-term success of the company and shows how corporate governance should and could be made.

Table of Contents

Part I. Introduction and Overview:
1. Introduction
2. Common Law Jurisdictions in Asia: An Overview
Part II. Role of General Meeting and Shareholders:
3. Powers, Shareholders and Justifications for Duties
4. Objections
Part III. The Mechanics of Imposing Duties
5. 'What', 'Whom', 'When', 'Who' and 'How'
Part IV. Enforcement:
6. Enforcement
Part V. Conclusion:
7. Concluding Remarks
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