Self Dealing, Fair Dealing and Related Party Transactions - History, Policy and Reform

The Journal of Corporate Law Studies, Vol. 11, No. 2, p. 495, 2011

29 Pages Posted: 12 Mar 2012

See all articles by John Hynes Farrar

John Hynes Farrar

Bond University Faculty of Law

Susan Watson

University of Auckland Faculty of Law

Date Written: March, 11 2012

Abstract

The law on self dealing, fair dealing and related party transactions has a long and complex history and different approaches have been adopted by common law jurisdictions. This article traces the history of the Anglo American case law and legislation and the underlying policies and considers recent reforms and whether they can be improved upon. It makes a practical suggestion to supplement the recent reforms by regulatory approval of disclosure documentation to shareholders or waiver. It also considers whether there is an implicit priority for the duty to act for the good of the company or to promote its success.

Keywords: directors duties, liability of directors, self dealing, fair dealing, related party transactions

Suggested Citation

Farrar, John Hynes and Watson, Susan Mary, Self Dealing, Fair Dealing and Related Party Transactions - History, Policy and Reform (March, 11 2012). The Journal of Corporate Law Studies, Vol. 11, No. 2, p. 495, 2011. Available at SSRN: https://ssrn.com/abstract=2020075

John Hynes Farrar

Bond University Faculty of Law ( email )

Gold Coast, QLD 4229
Australia

HOME PAGE: http://works.bepress.com/john_farrar/

Susan Mary Watson (Contact Author)

University of Auckland Faculty of Law ( email )

Private Bag 92019
Auckland Mail Centre
Auckland, 1142
New Zealand

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