Realm of Company Law - Barry A. K. Rider

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Realm of Company Law

By: Barry A. K. Rider

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Hardcover | 1 June 1998

At a Glance

Hardcover
304 Pages

Dimensions(cm)
24.13 x 15.88 x 1.91

Hardcover

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This outstanding compilation of papers addresses current, diverse issues in company law. Topics of discussion include governance of enterprises, rights and responsibilities of management, protection of investors, minority shareholder protection, company solvency, and the impact of technology on commercial practice.

This important collection of quality work marks the occasion of the retirement of Len Sealy, a scholar, teacher, author, law reformer, and even drafter who has made a profound, globally-felt contribution to the realm of company law.

The works brought together in this unique tribute come from leading company lawyers from around the world. Practitioners and academics in the field will want to add this momentous work of lasting import to their libraries.

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Non-Fiction Law Laws of Specific Jurisdictions Company Law Business Law Constitutional & Administrative Law Business & Management Management & Management Techniques Jurisprudence & General Issues Comparative Law

List of Contributors
Preface
Introduction
The Proper Purpose Doctrine and Company Directors	p. 1
Introduction	p. 1
The Nature of the Proper Purpose Doctrine	p. 3
Introduction	p. 3
Proper Purpose Doctrine: The Techniques used to Control Powers	p. 17
Introduction	p. 17
Proper Purpose Doctrine Applied to Two Types of Power	p. 22
Conclusion	p. 35
The Duty of Care of Company Directors in Australia and New Zealand	p. 37
Introduction	p. 37
Australia	p. 39
New Zealand	p. 41
Outstanding issues	p. 42
Trust, Loyalty and Cooperation in the Business Community: Is Regulation Required?	p. 53
Terminology	p. 54
The role of trust, loyalty and similar concepts in a commercial environment	p. 57
The role which law can play in fostering and protecting trust	p. 63
The case against regulation	p. 70
Conclusion	p. 79
Limited Fiduciary Duties in the City	p. 81
Modification and Exclusion of Directors' Duties	p. 93
The Background	p. 93
The Position Following Movitex Ltd v Bulfield	p. 95
Articles 85 to 94 of Table A	p. 97
Should it be Possible for Directors' Duties to be Modified or Excluded?	p. 102
Conclusion	p. 105
Altering the Articles of Association to Acquire Minority Shareholdings	p. 107
Introduction	p. 107
Compulsory acquisition of minority shareholdings	p. 108
Greater protection of minority shareholdings	p. 115
The Gambotto case	p. 122
Where to from here?	p. 128
Institutional Shareholders and the Promotion of Good Corporate Governance	p. 131
Introduction	p. 131
The ascendancy of corporate governance concerns	p. 131
Practical constraints on institutional shareholder activism	p. 149
Examples of situations where institutional shareholder intervention may occur	p. 153
Conclusion	p. 158
The Possible Reform of French Company Law	p. 161
The board of directors	p. 162
The Committees	p. 165
Conclusion	p. 166
Security for Costs: Principles and Pragmatism in Corporate Litigation	p. 167
Introduction	p. 167
The elements of section 726	p. 171
Avoidance techniques	p. 178
Conclusion	p. 181
Proprietary Rights and Unsecured Creditors	p. 183
Introduction	p. 183
Are Real Rights too Extensive?	p. 184
The enforcement of real rights	p. 190
Conclusions	p. 196
Recent Developments in Unsecured Debt Subordination	p. 199
Introduction	p. 199
The perceived subordination problem - insolvency and the Pari Passu rule	p. 202
Creating a complex ranking order amongst unsecured creditors	p. 211
Unresolved issues	p. 214
Reaching their Limit: The Liability of Professional Partnerships in England	p. 217
Introduction	p. 217
Joint and several liability	p. 218
Unlimited liability	p. 221
Conclusion	p. 230
Payment in a Cashless Society	p. 233
Methods of cashless payment	p. 234
Legal nature of a funds transfer and electronic cash transaction	p. 238
Money and legal tender	p. 253
Conclusion	p. 259
Index	p. 261
Table of Contents provided by Blackwell. All Rights Reserved.

Realm of Company Law

At a Glance

Hardcover

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