Shareholder Protection in Close Corporations

Shareholder Protection in Close Corporations
Author: Alan K Koh
Publisher: Cambridge University Press
Total Pages: 427
Release: 2022-09-29
Genre: Business & Economics
ISBN: 1108496660

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Comparative study of withdrawal remedies in four jurisdictions to offer solutions to shareholder conflicts in small and medium enterprises.

Protection of Close Corporation Minority Shareholders in the United States

Protection of Close Corporation Minority Shareholders in the United States
Author: Arthur R. Pinto
Publisher:
Total Pages: 27
Release: 2018
Genre:
ISBN:

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This paper discusses the problems and legal protections of minority shareholders in close corporations in the United States. Minority shareholders in their corporation may be concerned with having voice, access to information, some control, return and ability to exit. In addition, minority investors are often concerned that those in control will act opportunistically and take advantage of their control for personal benefit. It is important to understand how corporate law default rules deal with these issues and the extent to which the minority shareholders are protected while allowing those in control to exercise their power. While these issues can all be addressed by shareholders contracting for protection ex ante, those without contracts also have some legal protections ex post.

Minority Shareholders' Protection

Minority Shareholders' Protection
Author: S.H. Goo
Publisher: Cavendish Publishing
Total Pages: 174
Release: 1994-06-07
Genre: Law
ISBN: 1843143577

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Written in a readable style,this book provides an account, and much-needed analysis, of minority shareholders rights and remedies under section 459 of the Companies Act 1985. In the study of minority shareholders rights, there has been a tendency to give inadequate attention to the remedies now available. This book take a new approach to the treatment of minority shareholders protection. Much of this book is devoted to a detailed study of the effectiveness of section 459 as a shareholders remedy. Commencing with an examination of the problems faced by a minority shareholder, the book goes on t.

Non-Pecuniary Private Benefits in Publicly Traded Corporations

Non-Pecuniary Private Benefits in Publicly Traded Corporations
Author: Murat Can Pehlivanoglu
Publisher: BRILL
Total Pages: 257
Release: 2023-09-29
Genre: Law
ISBN: 9004686517

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Non-pecuniary private benefits, a phenomenon in publicly traded corporations, may be extracted by influencing shareholders to the detriment of minority shareholders and corporations. This book, with particular focus on Turkish law and American law, investigates the loopholes paving the way of non-pecuniary private benefit extractions in the context of corporate law. Pehlivanoğlu proposes to use shareholder oppression law’s reasonable expectations standard to expand the reach of involuntary dissolution statutes to cover non-pecuniary private benefit extractions of influencing shareholders.

Close Corporations

Close Corporations
Author: Russ Whitesel
Publisher: Legislative Reference Bureau
Total Pages: 48
Release: 1982
Genre: Close corporations
ISBN:

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Shareholder Protection Across Time

Shareholder Protection Across Time
Author: Brian R. Cheffins
Publisher:
Total Pages: 82
Release: 2015
Genre:
ISBN:

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This Article offers the first systematic attempt to measure the development of shareholder protection in the United States across time. Using three indices developed to measure the relative strength of shareholder protection across nations, we evaluate numerically the protections corporate and securities law have offered shareholders from the beginning of the twentieth century to the present day. We do so by tracking the rights accorded to shareholders across time under three important sources of corporate law, Delaware and Illinois and the Model Business Corporation Act.Our novel study yields novel results. First, we find that the protections afforded to shareholders by state corporation law have decreased since 1900 but only modestly so. This implies that, contrary to the assumptions of many scholars, state competition in corporate law has not significantly eroded shareholder rights. Second, when we add in measures that count protections provided by federal as well as state law, we find that shareholder protection improved across time. This implies that federal intervention has played a crucial and perhaps underappreciated role in shaping U.S. corporate law. Beyond its specific findings, this study illustrates how empirical analysis of legal trends provides scholars with a new means for analyzing and resolving fundamental questions in corporate law.

Convergence in Shareholder Law

Convergence in Shareholder Law
Author: Mathias M. Siems
Publisher: Cambridge University Press
Total Pages: 389
Release: 2007-12-20
Genre: Law
ISBN: 1139468405

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On the one hand, it can be argued that the increasing economic and political interdependence of countries has led to the convergence of national legal systems. On the other hand, advocates of the counterhypothesis maintain that this development is both unrealistic and unnecessary. Mathias M. Siems examines the company law of the UK, the USA, Germany, France, Japan and China to see how this issue affects shareholder law. The author subsequently analyses economic and political factors which may or may not lead to convergence, and assesses the extent of this development. Convergence of Shareholder Law not only provides a thorough comparative legal analysis but also shows how company law interconnects with political forces and economic development and helps in evaluating whether harmonisation and shareholder protection should be enhanced.

Research Handbook on Shareholder Power

Research Handbook on Shareholder Power
Author: Jennifer G. Hill
Publisher: Edward Elgar Publishing
Total Pages: 638
Release: 2015-07-31
Genre: Law
ISBN: 1782546855

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Much of the history of corporate law has concerned itself not with shareholder power, but rather with its absence. Recent shifts in capital market structure require a reassessment of the role and power of shareholders. These original, specially commiss