Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
Results
Showing 1 to 16 of 16 for “"directors' duties"”.
-
The Enforcement of Directors' Duties and Disclosure Laws in Australia
… of the private and public enforcement of directors’ duty and mandatory disclosure laws in Australia. First, in order to provide a comprehensive picture of the enforcement landscape, this thesis presents two new hand-collected datasets of cases involving directors’ duty and disclosure law …
-
Directors’ duties and the race to incorporate corporate social responsibility into company activities in South Africa
… governance denotes that a company’s board of directors should not only look after the interests of shareholders but also of other stakeholders when managing the company. The obligation of taking care of stakeholder interests can be enforced through Corporate Social Responsibility (CSR). For …
-
The enforcement of directors' duties in the context of shareholders' rights protection : a comparative study between UK and Saudi law
… debates over the past two decades. Clearly, the duties that directors owe to their company are a key component of corporate governance. These duties were introduced in an attempt to create a fair and balanced relationship between shareholders and directors. This balance is needed to regulate …
-
Room or relegation? : a critical analysis of section 77(2)(a) of the Companies Act, 2008, in light of the common law remedy of disgorgement
… on the interpretation and application of directors' duties and liabilities will be specifically examined and analysed. The topic of this dissertation remains especially relevant to any discussion involving directors' duties and liabilities in the context of the new Companies Act ("the …
-
The correct understanding of the Business Judgment Rule in Section 76(4) of the Companies Act 71 of 2008: avoiding the American mistakes
The South African law concerning directors' duties is intricate under both the common law and the Companies Act. This is an area of corporate law which allows for a wealth of practical and theoretical difficulty. I aim to deconstruct the intricacy of the American experience of the business judgment …
-
How effective are the frameworks regulating the duties of directors in insolvency in Nigeria and England and Wales? Prospects and challenges
… go into liquidation for many reasons. Breach of directors’ duties is one of these reasons and can have a devastating impact on companies in England and Wales and Nigeria. The role directors play in any company cannot be overemphasised. They can be blamed, depending on the situation, for the …
-
Corporate social responsibility legal analysis and social transformation: the South African experience in a comparative perspective
… greater clarity by Jeff Smith. He states that directors are agents of all stakeholders. In other words, they have the responsibility to ensure that every stakeholder's rights and interests are protected and fulfilled. This, he further explains, should be carried out by means of a balancing …
-
Unanimous Shareholder Agreements
… necessary criteria, restrict the powers of the directors to manage the business and affairs of the corporation. One possible justification for this is the "nexus of contracts" theory that all corporations are notionally reducible to voluntary agreements. Three key areas of ambiguity surrounding …
-
The role of a board of directors in responding to an unsolicited takeover bid
… the diversity of opinions held with respect to directors' obligations when responding to an unsolicited takeover bid. What is the "appropriate role" of a board of directors when their company becomes the subject of an unsolicited takeover bid? In the execution of their duties and obligations to …
-
The introduction of the derivative action into the Greek law on public limited companies as a means of shareholder protection. A comparative analysis of the British, German and Greek law
… absence of an appropriate mechanism to enforce directors’ duties and pursue corporate claims via shareholder-initiated litigation. However, the examination of the strategies followed by the UK and Germany provides useful insights for the way forward. The rationale for and the experience from the …
-
Strategic legal imperatives for directors to consider the context of legalised substance industries: identifying potential future challenges for Psilocybin businesses in South Africa though a comparative study of Cannabis Regulation in the USA, Canada and the Netherlands
… Therefore, it is pertinent to discuss specific duties directors will have to pay attention to in evolving legalised substance industries such as psilocybin, so they can effectively discharge their duties and successfully navigate this underregulated industry. There is currently little legal …
-
The Members' Oppression Remedy: Can it be Used When a Company is in Liquidation? Should it be Used?
… conduct that may fall short of a breach of directors’ duties but is nonetheless oppressive or contrary to the interests of the members as a whole. The court may order any relief to bring to an end the oppression, including relief that is compensatory in nature. This thesis considers whether …
-
Wrongful trading and the standard of skill and care for corporate directors: Vol.1. a comparative study of corporate governance
… role of the law in formulating new standards of directors' duties and creating general objectives for the corporation is to seek to balance all interests within the corporate nexus. Insolvency law in England and Wales has been harnessed to achieve some progress in raising standards of director …
-
Fiduciary Duties in Corporate Law and Privacy Law
… China ("Chinese Company Law") establishes that directors owe a duty of care to their companies.1 However, both of these provisions fail to explain the role of judicial review in enforcing directors' duty of care. The duty of care is well-trodden territory in the United States, where directors' …
-
La società per azioni benefit - il bilanciamento degli interessi attraverso il prisma dell’autonomia statutaria
La ricerca indaga l’effettività dell’obbligo di bilanciamento degli interessi nelle società benefit per azioni, riconoscendovi il fulcro sistematico dell’intero modello. Prendendo le mosse dalla constatazione della fragilità degli strumenti di enforcement tradizionali, la tesi ricostruisce tale …