Enforcement of Shareholders’ Duties – Introduction

Enforcing Shareholders’ Duties, Published by Edward Elgar Publishing Limited, February 2019

Nordic & European Company Law Working Paper No. 19-02

16 Pages Posted: 11 Mar 2019 Last revised: 18 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 22, 2019

Abstract

The discussion on shareholders’ duties has increasingly gained momentum in the EU and has given rise to the adoption of duties in both company law and capital markets law. However, this discussion must be extended further if the duties that are increasingly imposed on shareholders are to have a genuine effect on the viability of the recent regulatory developments in this area. Enforcement mechanisms are crucial to this discussion as they are vital to preserving the credibility of markets, to ensuring compliance with regulatory objectives and with sound corporate governance practices, as well as to holding accountable persons who are supposed to fulfil the vast range of shareholders’ duties. This volume presents a series of contributions touching on enforcement mechanisms that are already in place, as well as emerging or hypothetical mechanisms that will be at the centre of debate for the years to come. The overall objective of this volume is to provide a reliable overview of enforcement frameworks and to reflect on their efficiency, adaptability to market developments and suitability to the current challenges we face in company and capital markets law. This introductory chapter gives a concise presentation of the various arguments raised and focuses on the numerous rationales for enforcement and the various types of enforcement (legal and social) in the area of shareholders’ duties.

Keywords: shareholders' duties

JEL Classification: K22

Suggested Citation

Birkmose, Hanne Søndergaard and Sergakis, Konstantinos, Enforcement of Shareholders’ Duties – Introduction (February 22, 2019). Enforcing Shareholders’ Duties, Published by Edward Elgar Publishing Limited, February 2019, Nordic & European Company Law Working Paper No. 19-02, Available at SSRN: https://ssrn.com/abstract=3350310

Hanne Søndergaard Birkmose (Contact Author)

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

University of Glasgow ( email )

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

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