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Enforcing Shareholders' Duties

Enforcing Shareholders' Duties

Author: Hanne S. Birkmose; Konstantinos Sergakis
Publisher: Edward Elgar Publishing
ISBN: 9781788114868
Published In: February 2019
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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A heavily debated topic, the evolution of shareholders' duties risks the transformation of the very concept of shareholder primacy, crucially associated with shareholder rights. Offering a distinctive and comprehensive examination of both current and forthcoming enforcement mechanisms in the area of shareholder duties, this timely book provides an exhaustive analysis of the many issues related to these mechanisms, and considers the ongoing challenges surrounding their implementation.

Enforcing Shareholders' Duties is unique in critically challenging the revised Shareholder Rights Directive as well as other legal provisions. Adopting a holistic view of the possible enforcement issues shareholders may face in company law, it argues for a measured approach in the design of such enforcement mechanisms and for a careful consideration of the effects of a legal interventionist approach. Astute and engaging chapters provide arguments and recommendations for future regulatory initiatives aimed at ensuring shareholders will remain incentivised to invest in companies, whilst still assuming their responsibilities.

Students and researchers with an interest in financial and corporate law, particularly from a policy and governance angle, will find this book an important resource. Its focus on the emerging agenda surrounding the enforcement of shareholders' duties ensure it is also highly relevant for legislators, policymakers, and practitioners.

PART I: The Contours of Enforcement
1. Legal and Economic Rationales for Shareholder Duties and their Enforcement Anita Anand and Christopher Puskas
2. Duties Imposed on Specific Shareholders Only, and Enforcement Implications Hanne Birkmose
3. Shareholder Engagement Duties: The European Move beyond Stewardship Christoph Van der Elst
PART II: The Sources of Enforcement
4. Contractual Enforcement of Shareholders' Duties Corrado Malberti
5. Private vs Public Enforcement of Shareholder Duties Iris Chiu
6. Legal vs Social Enforcement of Shareholder Duties Konstantinos Sergakis
PART III: Sanctioning Shareholders' Duties
7. Enforcing shareholder duties through suspension of the exercise of voting rights Karsten Sorensen and Mette Neville
8. Financial Sanctions for breach of shareholders' duties Jennifer Payne and Elizabeth Howell
9. The Basis of Shareholder Liability for Corporate Wrongs Christian A. Witting
PART IV: Barriers to Enforcement
10. Barriers to Shareholder Identification and Entitlement Matteo Gargantini
11. Barriers to the Enforcement of Shareholders' Duties Flowing from Primary EU Law Christoph Teichmann and Lothar Wolff
12. Jurisdictional Barriers to Enforcement Justin Borg-Barthet Index