Use of the Corporate Form for Public Benefit - Revitalisation of Australian Corporations Law

(2020) 43(3) University of New South Wales Law Journal (Advance)

U of Melbourne Legal Studies Research Paper No. 908

30 Pages Posted: 5 Oct 2020 Last revised: 27 Oct 2020

Date Written: August 2, 2020

Abstract

This article specifically addresses the theme of revitalisation of Australian law in the facilitation of purpose-based companies. It is the second of two articles on purpose-based governance in the charitable and for-profit spheres. Building on the first article, this article critically analyses relevant features of the Australian corporations law regime. It pays close attention to challenges relating to the application of directors’ duties where companies have multiple purposes and to the drafting of appropriate constitutional provisions. In so doing it draws on insights from overseas jurisdictions that have enacted legislation to enable purpose-based companies.

Keywords: company law, directors' duties, purpose, social enterprise, benefit corporations, stakeholders

JEL Classification: K22, K10

Suggested Citation

Langford, Rosemary Teele, Use of the Corporate Form for Public Benefit - Revitalisation of Australian Corporations Law (August 2, 2020). (2020) 43(3) University of New South Wales Law Journal (Advance), U of Melbourne Legal Studies Research Paper No. 908, Available at SSRN: https://ssrn.com/abstract=3665800

Rosemary Teele Langford (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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