Whither the Common Law Derivative Action

University of Hong Kong Faculty of Law Research Paper No. 10722/124777

Common Law World Review, Vol. 38, No. 3, pp. 197-206, 2009

12 Pages Posted: 20 Apr 2011

See all articles by JL Yap

JL Yap

The University of Hong Kong - Faculty of Law

Date Written: 2009

Abstract

The common law derivative action was developed as a result of decades of case law in common law jurisdictions. Hong Kong and Singapore continue to retain the common law derivative action within their respective legal frameworks, despite both having enacted statutory derivative actions. This paper considers the situations in which the common law derivative action continues to have practical application in each of these jurisdictions. It then considers whether the common law derivative action should be abolished in these jurisdictions, and if so, what consequential changes should be made to the statutory derivative action framework concurrent with this proposed abolition.

Keywords: Derivative action, Minority shareholders, Company law, Common law, Hong Kong

Suggested Citation

Yap, Ji Lian, Whither the Common Law Derivative Action (2009). University of Hong Kong Faculty of Law Research Paper No. 10722/124777, Common Law World Review, Vol. 38, No. 3, pp. 197-206, 2009, Available at SSRN: https://ssrn.com/abstract=1815852

Ji Lian Yap (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01273

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