Enforcing Shareholders' Duties: Introduction

Hanne Birkmose and Konstantinos Sergakis, Enforcing Shareholder Duties (Edward Elgar 2019)

15 Pages Posted: 19 Mar 2019

See all articles by Hanne S. Birkmose

Hanne S. Birkmose

Aarhus University - Department of Law, Business and Social Sciences

Konstantinos Sergakis

University of Glasgow

Date Written: February 26, 2019

Abstract

A heavily debated topic, the evolution of shareholders’ duties risks the transformation of the very concept of shareholder primacy, crucially associated with shareholder rights. Offering a distinctive and comprehensive examination of both current and forthcoming enforcement mechanisms in the area of shareholder duties, this timely book provides an exhaustive analysis of the many issues related to these mechanisms, and considers the ongoing challenges surrounding their implementation.

Enforcing Shareholders’ Duties is unique in critically challenging the revised Shareholder Rights Directive as well as other legal provisions. Adopting a holistic view of the possible enforcement issues shareholders may face in company law, it argues for a measured approach in the design of such enforcement mechanisms and for a careful consideration of the effects of a legal interventionist approach. Astute and engaging chapters provide arguments and recommendations for future regulatory initiatives aimed at ensuring shareholders will remain incentivised to invest in companies, whilst still assuming their responsibilities.

Students and researchers with an interest in financial and corporate law, particularly from a policy and governance angle, will find this book an important resource. Its focus on the emerging agenda surrounding the enforcement of shareholders’ duties ensure it is also highly relevant for legislators, policymakers, and practitioners.

Keywords: shareholder duties, enforcement, corporate governance

Suggested Citation

Birkmose, Hanne Søndergaard and Sergakis, Konstantinos, Enforcing Shareholders' Duties: Introduction (February 26, 2019). Hanne Birkmose and Konstantinos Sergakis, Enforcing Shareholder Duties (Edward Elgar 2019), Available at SSRN: https://ssrn.com/abstract=3342375

Hanne Søndergaard Birkmose

Aarhus University - Department of Law, Business and Social Sciences ( email )

Bartholins Allé 16, Building 1411, Room 255
DK-8000 Aarhus C
United States

Konstantinos Sergakis (Contact Author)

University of Glasgow ( email )

Stair Building
5 - 8 The Square
Glasgow, Scotland G12 8QQ
United Kingdom

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