Shareholder Derivative Action in Europe: Monitoring the Management for Breach of Fiduciary Duty

13 Pages Posted: 25 May 2010

See all articles by Dario Latella

Dario Latella

University of Messina - Department of Law; University of Oxford - Institute of European and Comparative Law

Date Written: March 27, 2007

Abstract

The derivative action exerted by shareholders (i.e., by a single shareholder or by a minority of them) is usually activated to assert before the court administrators’ managing responsibility. Falling within the wider topic of the defence of shareholder minorities and considered as one of the pillars of corporate governance, the above mentioned subject tends to be a control tool as to the accurate execution of the managerial task. However, according to the most important empirical analysis, the action is still little used. I'm actually investigating the reasons for this phenomenon.

Keywords: Derivative, Action, Protection, Minority, Board, Corporate Governance

JEL Classification: K22, K41

Suggested Citation

Latella, Dario, Shareholder Derivative Action in Europe: Monitoring the Management for Breach of Fiduciary Duty (March 27, 2007). Available at SSRN: https://ssrn.com/abstract=1615342 or http://dx.doi.org/10.2139/ssrn.1615342

Dario Latella (Contact Author)

University of Messina - Department of Law ( email )

Via Pietro Castelli n. 1
Messina, ME 98122
Italy
+39 090 6409536 (Phone)
+39 090 6409536 (Fax)

HOME PAGE: http://www.unime.it

University of Oxford - Institute of European and Comparative Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

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