Title A case for shareholders' fiduciary duties in common law Asia / Ernest Lim

Published Cambridge : Cambridge University Press, 2019

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Description 1 online resource (xxv, 628 pages) Series International corporate law and financial market regulation International corporate law and financial market regulation. Contents Cover; Reviews; Half-title page; Series page; Title page; Copyright page; Dedication; Contents; List of Figures; List of Tables; Acknowledgements; List of Cases; List of Legislation and Regulations; List of Abbreviations; Part I Introduction and Overview; 1 Introduction; 2 Common Law Jurisdictions in Asia: An Overview; Part II Role of General Meeting and Shareholders; 3 Powers, Shareholders and Justifications for Duties; 3A: Formal and Informal Power: Voting and Influence; 3B: Agency and the Interests of the Company; 3C: Controlling Shareholders; 3D: Institutional Shareholders 3E: Comparative Law3F: Conclusion; 4 Objections; 4A: Doctrinal Objections; 4B: Policy Objections; Part III The Mechanics of Imposing Duties; 5 'What', 'Whom', 'When', 'Who' and 'How'; 5A: What Should the Duties Be?; 5B: To Whom Should the Duties be Owed?; 5C: When Should the Duties Be Imposed?; 5D: Who Should Impose the Duties?; 5E: How Could the Duties Be Imposed?; Part IV Enforcement; 6 Enforcement; 6A: Private Enforcement; 6B: Public Enforcement; 6C: Special Issues; Part V Conclusion; 7 Concluding Remarks; Appendixes; Appendix 1: Shareholders' Powers Table Appendix 2: List of the Top Thirty Listed Companies in Hong Kong, Singapore, India and MalaysiaAppendix 3: Materials Collected from the Top Thirty Listed Companies; Appendix 4: Classification of the Top Thirty Listed Companies Based on Company's Purpose; Appendix 5: Top Five Shareholders in the Top Thirty Listed Companies; Appendix 6: Stewardship Codes of UK, Hong Kong, Singapore and Malaysia; Appendix 7: Controlling Shareholders of Malaysian Government-Linked Companies; Bibliography; Index Summary This book reconceptualises the role of the general meeting and shareholders in the listed companies in four leading common law jurisdictions in Asia (Singapore, Hong Kong, India and Malaysia) as one that should include fiduciary duties. It demonstrates why, when, by whom and how fiduciary duties should be imposed and how they could be enforced. In so doing, it refutes the long-standing common law rule that shareholders can generally vote as they please. The book advances the debate on a central notion of corporate law, namely, the interests of the company. It addresses the deficiencies in the law regulating conflicts of interest involving controlling shareholders and institutional shareholders and provides solutions to the problem of activist and passive minority institutional investors. This book challenges us to rethink the meaning and implementation of the long-term success of the company and shows how corporate governance should and could be made Notes Vendor-supplied metadata Subject Stockholders -- Legal status, laws, etc. -- China -- Hong Kong Stockholders -- Legal status, laws, etc. -- India Stockholders -- Legal status, laws, etc. -- Malaysia Stockholders -- Legal status, laws, etc. -- Singapore Stockholders -- Legal status, laws, etc. China -- Hong Kong India Malaysia Singapore Form Electronic book ISBN 9781108629065 1108629067 9781108625746 1108625746

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