Fiduciary Duties of Shareholders and Directors

Abstract:     
Conceptual confusion hobbles the application of fiduciary responsibility in the corporate context. The main difficulty is that judges have wrongly characterized corporate law issues as matters of fiduciary regulation. The author sets out the conventional justification for the status and fact-based fiduciary obligations of shareholders and directors and then explains how the corporate jurisprudence has gone astray.

Number of Pages in PDF File: 26

Keywords: Fiduciary, director, shareholder, accountability, regulation

Accepted Paper Series