Download or read book Corporate Law and the Theory of the Firm written by Wm. Dennis Huber and published by Routledge. This book was released on 2020-04-08 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dozens of judicial opinions have held that shareholders own corporations, that directors are agents of shareholders, and even that directors are trustees of shareholders’ property. Yet, until now, it has never been proven. These doctrines rest on unsubstantiated assumptions. In this book the author performs a rigorous, systematic analysis of common law, contract law, property law, agency law, partnership law, trust law, and corporate statutory law using judicial rulings that prove shareholders do not own corporations, that there is no separation of ownership and control, directors are not agents of shareholders, and shareholders are not investors in corporations. Furthermore, the author proves the theory of the firm, which is founded on the separation of ownership and control and directors as agents of shareholders, promotes an agenda that wilfully ignores fundamental property law and agency law. However, since shareholders do not own the corporation, and directors are not agents of shareholders, the theory of the firm collapses. The book corrects decades of confusion and misguided research in corporate law and the economic theory of the firm and will allow readers to understand how property law, agency law, and economics contradict each other when applied to corporate law. It will appeal to researchers and upper-level and graduate students in economics, finance, accounting, law, and sociology, as well as attorneys and accountants.

Download or read book The Shareholders Directors and Voluntary Liquidators Legal Companion written by Francis Beaufort Palmer and published by . This book was released on 1878 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Directors Duties and Shareholder Litigation in the Wake of the Financial Crisis written by Joan Loughrey and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis book takes us back to the financial crisis and asks: should the directors of the financial institutions that caused the crisis be held responsible to their investors? LoughreyÕs and her contributorsÕ analysis of that question and the suggestions to implement their proposals are insightful and timely. This is a must-read book for those of us who are still trying to determine how to avoid the next financial crisis.Õ Ð Randall Thomas, Vanderbilt Law School, US The financial crisis revealed failings at board level at many financial institutions. But despite calls for bank boards to be held to account, there has been a remarkable paucity of litigation against bank directors for breach of their duties. This book assesses whether the law relating to directorsÕ duties and shareholder litigation has contributed to this, taking into account the changes to both that were introduced by the Companies Act 2006. With contributions from leading academics and practitioners, the book examines the directorÕs duty of care and skill, the s.172 duty, reporting obligations under s.417 of the Companies Act 2006, and shareholder litigation including the derivative action and just and equitable winding up. It concludes that neither the common law nor the statutory duties and derivative action under the Companies Act 2006 function effectively to hold directors to account and analyses why this is so. This detailed book will appeal to academics in company law and corporate governance as well as commercial law practitioners particularly those who specialize in company litigation.

Download or read book The Shareholders and Directors Legal Companion written by Francis Beaufort Palmer and published by . This book was released on 1882 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Shareholder Value Myth written by Lynn Stout and published by Berrett-Koehler Publishers. This book was released on 2012-05-07 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth look at the trouble with shareholder value thinking and at better options for models of corporate purpose. Executives, investors, and the business press routinely chant the mantra that corporations are required to “maximize shareholder value.” In this pathbreaking book, renowned corporate expert Lynn Stout debunks the myth that corporate law mandates shareholder primacy. Stout shows how shareholder value thinking endangers not only investors but the rest of us as well, leading managers to focus myopically on short-term earnings; discouraging investment and innovation; harming employees, customers, and communities; and causing companies to indulge in reckless, sociopathic, and irresponsible behaviors. And she looks at new models of corporate purpose that better serve the needs of investors, corporations, and society. “A must-read for managers, directors, and policymakers interested in getting America back in the business of creating real value for the long term.” —Constance E. Bagley, professor, Yale School of Management; president, Academy of Legal Studies in Business; and author of Managers and the Legal Environment and Winning Legally “A compelling call for radically changing the way business is done... The Shareholder Value Myth powerfully demonstrates both the dangers of the shareholder value rule and the falseness of its alleged legal necessity.” —Joel Bakan, professor, The University of British Columbia, and author of the book and film The Corporation “Lynn Stout has a keen mind, a sharp pen, and an unbending sense of fearlessness. Her book is a must-read for anyone interested in understanding the root causes of the current financial calamity.” —Jack Willoughby, senior editor, Barron’s “Lynn Stout offers a new vision of good corporate governance that serves investors, firms, and the American economy.” —Judy Samuelson, executive director, Business and Society Program, The Aspen Institute

Download or read book The Nature of Corporate Governance written by Janet Dine and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a thoughtful inquiry into the nature and rationale of corporate governance. The authors address fundamental questions including; What is the balance between ownership and control?; For whose interests should the company be run?; What is the institutional balance between shareholders, directors and other potential stakeholders, including the economy? Professor Dine and Dr Koutsias consider how these issues are dealt with by the jurisprudence of three major and greatly influential jurisdictions; the USA, the UK, and Germany, and also reflect on why and how the current corporate governance context in some states is defined by social, political and historical developments. The authors argue that corporate governance is crucial for the identity of each country. What is revealed in the work is that when national corporate governance is thriving it allows space for democracy to flourish. Corporate governance scholars, policy makers, LLM and LLB students of company law and corporate governance, NGOs involving issues of inequality, poverty and democracy will find this important book an insightful resource.

Download or read book The Myth of the Rational Market written by Justin Fox and published by Harper Collins. This book was released on 2011-02-08 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: The financial crisis of 2008 and subsequent Great Recession demolished many cherished beliefs—most significantly, the theory that financial markets always get things right. Justin Fox's The Myth of the Rational Market explains where that idea came from, and where it went wrong. As much an intellectual whodunit as a cultural history of the perils and possibilities of risk, it also brings to life the people and ideas that forged modern finance and investing—from the formative days of Wall Street through the Great Depression and into the financial calamities of today. It's a tale featuring professors who made and lost fortunes, battled fiercely over ideas, beat the house at blackjack, wrote bestselling books, and played major roles on the world stage. It's also a story of free-market capitalism's war with itself.

Download or read book Report of the Directors to the Meetings of Shareholders written by Imperial Brazilian Mining Association and published by . This book was released on 1826 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Duties and Liability of Directors and Shareholders Under Netherlands Law Piercing the Corporate Veil written by Hans A. de Savornin Lohman and published by Springer. This book was released on 1996-10-04 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new publication focuses on the liability of shareholders and on the doctrine of piercing the corporate veil. Since the beginning of the 1980s this area of law has been the subject of extensive legislative and judicial development. This book deals primarily with the area of civil liability, towards both the corporation and third parties, including the trustee in bankruptcy. It also contains a chapter on criminal liability of managing and supervisory directors. In addition, The book discusses the EC Fifth Company Law Directive and liability insurance. Because questions of directors' and shareholders' liability rely heavily on the facts of each specific case, The book summarizes not only the relevant statutory provisions, but also a great number of court decisions. Relevant literature is referred to only to a limited extent. This practical guide will be of use to managing directors, supervisory directors, shareholders, legal practitioners, trustees in bankruptcy, The tax authorities, accountants, business consultants, insurance companies and creditors of insolvent corporations.

Download or read book Handbook for the Conduct of Shareholders Meetings written by and published by Corporate Governance Committee Section of Business Can Bar A. This book was released on 2000 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Shareholders Rights and Obligations written by Marcel Willems and published by . This book was released on 2018-01-12 with total page 779 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shareholders are important stakeholders of companies. In recent times the position of shareholders has become more and more scrutinized, partly as a result of activist measures they have taken, sometimes resulting in the breaking up of large corporations. At the other hand of the spectrum we see minority shareholders being marginalised and even forced to transfer their shares.Questions that arise in these and similar situations are, amongst others: how can the management board of the company block what it deems destructive action by shareholders, but also: what can shareholders do in the event that the value of their shares decreases as a result of actions by management or third parties? As a result there are many relationships concerning companies in which shareholders play a role. The role of a shareholder may depend on the type of company, but also on the type of shareholder (activist vs. long term investor), the type of shares, and the articles of incorporation and shareholders agreements.This practical handbook provides an overview of these and other relevant legal issues concerning shareholders in some 25 of the most important business nations around the globe. It provides guidance to shareholders, directors, supervisory directors, general counsel and their attorneys to promote a better understanding of the rights, but also the obligations, of shareholders. Besides, this guide provides all those concerned with practical information on the relevant dispute resolution systems.

Download or read book Shareholder Activism Handbook written by Jay W. Eisenhofer and published by Wolters Kluwer. This book was released on 2005-01-01 with total page 1458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shareholder Activism Handbook is the single most comprehensive guide on all matters relating to enforcing shareholders' rights. As shareholder activism becomes a more integral part of investing, the law continues to respond accordingly. Legislators

Download or read book Report of the Directors to the Meetings of Shareholders written by Imperial Brazilian Mining Association and published by . This book was released on 1832 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Duties and Liabilities of the Board of Directors written by David Larcker and published by Pearson Education. This book was released on 2011-04-21 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Element is an excerpt from Corporate Governance Matters: A Closer Look at Organizational Choices and Their Consequences (9780132180269) by David Larcker and Brian Tayan. Available in print and digital formats. A primer on what corporate board members should be doing: expert guidance on advisory and monitoring functions, compliance, fiduciary duty, independence, and more. When asked what areas directors should pay most attention to, other than profitability and shareholder value, directors list future growth, risk management, and development of human capital as top priorities. Other areas of focus include cultural development, executive compensation, and compliance. Still, some evidence indicates that directors prefer advisory functions to monitoring functions....

Download or read book The Ensnared Shareholder written by Alex Rubner and published by . This book was released on 1965 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Responsible Shareholder written by Bottomley, Stephen and published by Edward Elgar Publishing. This book was released on 2021-11-09 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the role of shareholders in modern companies, this timely book argues that more should be expected of shareholders, both morally and legally. It explores the privileged position of shareholders within the corporate law system and the unique rights and duties awarded to them in contrast to other corporate actors. Introducing the concept of shareholders as responsible agents whose actions and inactions should be judged on that basis, Stephen Bottomley unites a number of distinct corporate governance discussions including stewardship, activism and shareholder liability.

Download or read book The Structure of the Corporation written by Melvin A. Eisenberg and published by Beard Books. This book was released on 1976 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of officers, directors and shareholders in the governance of the modern publicly held corporation.