The public enforcement of directors' duties: a normative inquiry

Keay, Andrew 2014, The public enforcement of directors' duties: a normative inquiry, Common law world review, vol. 43, no. 2, pp. 89-119, doi: 10.1350/clwr.2014.43.2.0267.

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Title The public enforcement of directors' duties: a normative inquiry
Author(s) Keay, AndrewORCID iD for Keay, Andrew
Journal name Common law world review
Volume number 43
Issue number 2
Start page 89
End page 119
Total pages 31
Publisher Sage Publications
Place of publication London, Eng.
Publication date 2014-06
ISSN 1473-7795
Keyword(s) directors
public interest
Summary The general duties owed by directors to their companies area critical element of company law overall, and corporate governance inparticular. If these duties are breached, the board, acting on behalf ofthe company, is empowered to decide whether to take action againstthe miscreant directors. If no action is taken then shareholders arepermitted to initiate private derivative actions against the directorson behalf of the company. This might be seen as the primary privateenforcement mechanism used in the UK when directors commitbreaches. But there have been relatively few actions commenced byshareholders, probably because of the many disincentives that existfor them. Given this state of affairs, this paper examines whetherthere is a need for the public enforcement of duties by some authorityso that there is an enhancement of corporate governance in the UK.
Language eng
DOI 10.1350/clwr.2014.43.2.0267
Field of Research 1801 Law
Socio Economic Objective 0 Not Applicable
HERDC Research category C1.1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2014, Sage Publications
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Document type: Journal Article
Collections: Faculty of Business and Law
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