Case for Shareholders' Fiduciary Duties in Common Law Asia

This book challenges the long-standing common law rule that shareholders can vote as they please and argues that fiduciary duties should be imposed on general meetings and shareholders in listed companies in four leading common law jurisdictions in Asia. It provides solutions to the deficiencies in the law regulating conflicts of interest involving controlling shareholders and institutional shareholders and advances the debate on the interests of the company.

\n Format: Paperback / softback
\n Length: 654 pages
\n Publication date: 10 June 2021
\n Publisher: Cambridge University Press
\n

This book takes a fresh look at the role of general meetings and shareholders in listed companies in four key common law jurisdictions in Asia (Singapore, Hong Kong, India, and Malaysia). It argues that these stakeholders should be held to fiduciary duties, which involve acting in the best interests of the company. The book provides a comprehensive guide on when, by whom, and how fiduciary duties should be imposed and enforced. It challenges the traditional notion that shareholders can vote as they please, emphasizing that their actions should be guided by a commitment to the long-term success of the company.

The book also delves into the deficiencies in the law regulating conflicts of interest involving controlling shareholders and institutional shareholders. It offers solutions to address the concerns of activist and passive minority institutional investors, who often face challenges in exercising their rights and protecting their interests.

One of the key themes of the book is the importance of corporate governance in achieving long-term success. It explores how corporate governance practices can influence shareholder value, risk management, and decision-making processes. The book suggests that good corporate governance practices should be based on a clear separation of powers, transparency, and accountability, and should align with the interests of all stakeholders, including employees, customers, and the environment.

Overall, this book is a valuable resource for policymakers, investors, and business professionals interested in understanding the role of general meetings and shareholders in listed companies in Asia and the importance of fiduciary duties in corporate governance. It provides a comprehensive and insightful analysis of the current state of corporate law and offers practical solutions to address the challenges facing listed companies in the region.

\n Weight: 948g\n
Dimension: 153 x 229 x 39 (mm)\n
ISBN-13: 9781009044479\n \n