Stakeholder Interests - Balancing or Considering?

Abstract

The concept of the 'interests of the company', which forms a key part of the duty to act in good faith in the interests of the company, has come under recent scrutiny, particularly in terms of its incorporation of creditors' interests and in light of corporate social responsibility concerns. This note (published in (2104) 32 Company & Securities Law Journal 64) examines the differing operation of the duty as concerns creditors in Australia and the United Kingdom and examines the suitability of the duty to require consideration, or protection, of other stakeholders, particularly in light of s 1324 of the Corporations Act 2001 (Cth).

Keywords: directors' duties, good faith, creditors, stakeholders, corporate social responsibility, Corporations Act s 1324

JEL Classification: K22