Fiduciary Obligations in Business

The scholarship on fiduciary duties in business organizations is often pulled in two directions, with corporate law theorists expressing disdain for the role of fiduciary duties. This volume aims to rectify this situation by bringing together scholars to analyze fiduciary relationships and the fiduciary obligation in the business context, demonstrating that fiduciary law can inform pressing corporate governance debates.

Format: Hardback
Length: 400 pages
Publication date: 09 September 2021
Publisher: Cambridge University Press

The scholarship on fiduciary duties in business organizations is a complex and multifaceted field that has been subject to significant debate and discussion. While most observers would agree that business organizations are one of the key contexts for the application of fiduciary obligations, corporate law theorists have often expressed disdain for the role of fiduciary duties, leading to a disconnect between fiduciary law and theory and the business world. This volume aims to rectify this situation by bringing together a diverse range of scholars from various fields to analyze fiduciary relationships and the fiduciary obligation in the business context.

Contributing authors examine fiduciary obligations across a wide range of areas, including entity structure, bankruptcy, and investment regulation. Through their insights and analysis, the volume demonstrates that fiduciary law can play a crucial role in informing pressing corporate governance debates, particularly those centered around stakeholder models of the corporation that go beyond the interests of shareholders.

One of the key themes explored in the volume is the fiduciary duty of directors and officers in business organizations. Contributors examine the responsibilities and obligations of these individuals in ensuring the long-term success and sustainability of the organization. They discuss the legal and ethical frameworks that govern fiduciary behavior and the potential risks and consequences of failing to meet these obligations.

Another important aspect of the volume is the role of fiduciary duties in the context of corporate governance. Contributors analyze how fiduciary responsibilities can contribute to effective corporate governance practices and the development of a robust corporate culture. They discuss the importance of transparency, accountability, and ethical decision-making in fostering trust and confidence among stakeholders.

The volume also explores the intersection of fiduciary duties and other legal and regulatory frameworks, such as securities laws, labor laws, and environmental laws. Contributors examine how fiduciary obligations can interact with these frameworks and how they can be used to promote sustainable and responsible business practices.

In conclusion, the scholarship on fiduciary duties in business organizations is a vital and dynamic field that plays a critical role in shaping the governance and sustainability of business organizations. This volume provides a comprehensive and interdisciplinary analysis of fiduciary relationships and the fiduciary obligation in the business context, contributing to our understanding of how these responsibilities can be effectively managed and implemented.

ISBN-13: 9781108485128