Academic literature on the topic 'Shareholders derivative suit'
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Journal articles on the topic "Shareholders derivative suit"
Hai, Lien Dang Phuoc. "A comparison of Japan and Vietnam legal approaches to derivative suit." Science & Technology Development Journal - Economics - Law and Management 4, no. 2 (June 21, 2020): First. http://dx.doi.org/10.32508/stdjelm.v4i2.626.
Full textLapina, Yuliya, Alexander Kostyuk, Udo Braendle, and Yaroslav Mozghovyi. "Shareholders rights and remedies (comparative law perspective)." Corporate Board role duties and composition 12, no. 3 (2016): 6–13. http://dx.doi.org/10.22495/cbv12i3art1.
Full text손영기. "A Study on China’s New Company Law Shareholders’ Derivative Suit." Chinese Law Review 10, no. ll (December 2008): 19–48. http://dx.doi.org/10.22415/clr.2008.10..002.
Full textHwang, Geun-Su. "Double Derivative Suit and Shareholders' Protection under the Korean Corporate Groups." BUSINESS LAW REVIEW 30, no. 1 (March 31, 2016): 167. http://dx.doi.org/10.24886/blr.2016.03.30.1.167.
Full text손창일. "The Shareholders’ Derivative Suit and the Special Litigation Committee in U.S. Corporate Law." HUFS Law Review 35, no. 4 (November 2011): 149–68. http://dx.doi.org/10.17257/hufslr.2011.35.4.149.
Full textKwon, Jaeyeol. "A Critical Review of Some Proposals for the Improvement of Shareholders’ Derivative Suit: In Case of Listed Corporations." Commercial Law Review 37, no. 2 (August 31, 2018): 167–95. http://dx.doi.org/10.21188/clr.37.2.5.
Full textLatella, Dario. "The shareholder derivative suits: disfunction and remedies against a "paradoxal" inactivity." Corporate Ownership and Control 7, no. 4 (2010): 297–302. http://dx.doi.org/10.22495/cocv7i4c2p5.
Full textKwon, Jae-Yeol. "Some Thoughts on the Corporation's Intervention in the Shareholder Derivative Suit." Kyung Hee Law Journal 52, no. 4 (December 30, 2017): 3–26. http://dx.doi.org/10.15539/khlj.52.4.1.
Full textSealy, L. S. "Company Law—The Derivative Suit and the Shareholder With Unclean Hands." Cambridge Law Journal 44, no. 3 (November 1985): 368–70. http://dx.doi.org/10.1017/s0008197300114849.
Full textGarth, Bryant G., Ilene H. Nagel, and Sheldon J. Plager. "Empirical Research and the Shareholder Derivative Suit: Toward a Better-Informed Debate." Law and Contemporary Problems 48, no. 3 (1985): 137. http://dx.doi.org/10.2307/1191536.
Full textDissertations / Theses on the topic "Shareholders derivative suit"
Pansa, Sören. "Das Aktionärsklageverfahren - eine Stärkung der Anlegerrechte? : Im Sinne der [Para][Para] 148 f. AktG und unter besonderer Berücksichtigung der US-amerikanischen shareholders' derivative suit /." Hamburg : Kovac, 2008. http://swbplus.bsz-bw.de/bsz285380486cov.htm.
Full textLi, Xiaoshan. "La protection des actionnaires minoritaires dans les sociétés anonymes : étude comparative du droit français et du droit chinois." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020021.
Full textThe dissertation aimed to point out that the methods of the protection of minority shareholders in Chinese law and in French law are not subject to the different criteria. In company limited by shares, the legal provisions intend to find a balance of relation between majority shareholders and minority shareholders, and between the shareholders and the company or group of company. It is corporate profits and the principal of equality that direct legislators and judges to suggest applicable solutions.It is important to notify that in French law, legal provisions about the responsibility of majority shareholders or company leaders and the ways of resort of minority shareholders provide reference for improvement of Chinese law. Besides, the study of acquisition of chinese listed companies, looked from the angle of the protection of minority shareholders, very different from tender offer in French law, demonstrate the characteristics of Chinese stock market and deserve foreign investors’ enough attention
Hsu, Shaw-Wei, and 許曉微. "Study On The Shareholders'' Derivative Suit." Thesis, 1998. http://ndltd.ncl.edu.tw/handle/07874924394699966940.
Full textChuang, Ting-Yu, and 莊婷羽. "The Deconstruction and Reconstruction of Shareholder’s Derivative Suit: Focus on the Protection of Minority Shareholders within Affiliate Enterprises." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/hhqntm.
Full text國立臺北大學
法律學系一般生組
103
This article starts from corporate governance, focusing on the protection of minority shareholders within affiliate enterprises, and then puts forward some concrete advices for the amendment in the future by searching and analyzing foreign and country papers. There are 7 chapters in this article. The chapter 1 is introduction, including the research motivation, scope of the study, research methods and structure of this article. The chapter 2 introduces the nature and the purpose of shareholder’s derivative suit, discussing the relationship among shareholder’s derivative suit, internal control and the protection of minority shareholders by the point of corporate governance, and then reviews the application of shareholder’s derivative suit within affiliate enterprises and if there is necessary for our country to introduce the cross-exercise of supervision. The chapter 3 introduces the foreign system of shareholder’s derivative suit, discussing the lack of our law by reviewing the requirement to filing a derivative suit, intervene and make a settlement under the application of American case law, Japanese law and British law. The chapter 4 introduces the shareholder’s derivative suit in our country, starting from the requirement to file a derivative suit under article 214 and 215 of Corporation Law and the proceeding problem after filing the suit, and then finding the lack of our law by comparing American law and Japanese law. Furthermore, this chapter discusses the principle of non-retroactivity under the suit bringing by Securities and Futures Investors Protection Center, and then comparing the difference between article 10-1 of securities and Futures Investors Protection Law, article 214 of Corporation Law, and class action. The chapter 5 and 6 discuss the protection of minority shareholders within affiliate enterprises in our country, which are the core of this article, further discussing the self dealing and transferring of benefits within affiliate enterprises, reviewing the protection of minority shareholders of controls, and if there is necessary to introduce the system of double derivative suit by referring the double derivative suit under American law and Japanese law. The chapter 7 is conclusion, this chapter putting forward some opinions against shareholder’s derivative suit after the discussion of aforementioned chapters, expecting to provide some suggestions in the future amendments.
Huang, Yi Sheng, and 黃煜勝. "A Study on Shareholder's Derivative Suit." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/50161721485902478193.
Full textTEKUAN, CHANG, and 張德寬. "A study on shareholder'' right and liability of derivative suit." Thesis, 2003. http://ndltd.ncl.edu.tw/handle/20454577682461704204.
Full textChen, Mei-Ching, and 陳梅欽. "Discussion the system of shareholder derivative suit from the viewpoint of comparative law." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/23013995763550397727.
Full text銘傳大學
法律學系碩士班
97
The shareholder derivative suit is a procedural right given to the shareholder by the law. The corporate governance can be therefore strengthened by practicing this kind of shareholder’s action doctrine. The system of the shareholder derivative suit, generally considered as one of the rights of the minor shareholders, is only enforced by the shareholders who hold a certain proportion of total number of outstanding shares. Acknowledgement of the minor shareholders’ right is to protect the benefits of this small group from the damages by most shareholders due to right abuse. To be alert against right abuse by the minor shareholder, the procedural right must be enforced by the shareholders who hold a certain proportion of total number of outstanding shares. In practice, the shareholder derivative suit is not often enforced in our country. The exercise of the suit is still relatively low even if the company law has been continuously modified. By combining the origin and operation way of abroad systems with the criticizing opinions provided by the local scholars, a practical way suitable for our country can be proposed. Throughout the discussion about the comparative law, not only the essence of company law can be clarified but also a law system, which is in accordance with global and local needs, can be addressed. It is well known that the Great Britain, U.S., and France are the countries following the systems of common laws. The basic law source is judicial legal precedent, but statute laws are still legislated in these countries to unify the laws. The judicial legal precedent can supplement the deficiency of statute laws and anticipate what will happen in the future. Therefore, some judicial legal precedents with abundant contents were involved in the article to support the analysis and comments proposed in the article. Since the case of Foss v. Harbottle in England, the majority rule has influenced the development of suit; however, the complete rules were truly established after the company law had been promulgated in 2006. United States court of equity established general rules of the shareholder derivative suit in Dodge v. Woolsey case and it also developed a unique theory of responsibilities of director and the shareholder derivative suit. A lot of judicial legal precedent and relative theories provide ways to improve the shortcomings of our law policy in our country. The present criterion essentials are quite simple, thus there are no clear rules about notice lawsuit, participation of lawsuit or the unfavorable behavior of plaintiff shareholder to other shareholders or company during the procedure of lawsuit. In modern companies with great capitalization, difficulties occur like the huge fee of lawsuit, security for expenses, the time and proportion of shareholding, which are also serious concerns of scholars. At last, in addition to suggestions of reforms of current system of the shareholder derivative suit, some thoughts and concepts of abstract justice and fairness are also given from economic angles in the thesis. The purpose of other kinds of ideas and references given in the article is to clear out the real meanings of laws, which is one kind of regulations of efficient adjustments of group relationship by laws.
Tsai, Min-jia, and 蔡岷珈. "A Study on the Taiwan Dual System of Shareholder Derivative Suits." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/11246542870504758774.
Full textHUANG, TING-CHIA, and 黃亭嘉. "A Study on Shareholders’ Rights of Litigation: Focus on Derivative Suits and the Unfair Prejudice Remedy of Minority Shareholders." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/5t3scv.
Full text國立臺北大學
法律學系一般生組
107
In view of Taiwan’s performance of protecting minority shareholders is not perfect, especially in strengthening corporate governance, implementing the Shareholder Activism, and allowing shareholders to file direct litigation to protect the rights and interests of minority shareholders. Because of this, this paper intends to study the rights of litigation in domestic law and comparative law, and to propose amendments to the current law. Besides, it also propose ways to allow shareholders to obtain relief directly. In addition, it discusses whether Taiwan has It is necessary to increase the supporting measures of the relevant procedures in the subrogation lawsuit in the company law. There are 5 chapters in this paper. The chapter 1 is introduction, including the research motivation, scope of the study, research methods and structure of this article. The main focus of the chapter 2 is to explore the direct suits and the derivative suit. In this chapter, in addition to exploring the basis of the claim of the Taiwan law's shareholders’ litigation rights, the US law, the UK law and Japanese laws are also introduced. It is expected that in the future, when the law is amended, the Unfair Prejudice Remedy can be increased and the conditions of litigation adjusted. The chapter 3 focuses on the discussion of civil procedure in shareholders’ derivative suit. It is mainly to discuss the related issues that the derivative suit will face in the actual litigation. It includes the litigants, the subject of litigation, the attendance of litigation, the binding force, and the settlement. It also proposes legislative amendments with reference to the Japanese law on the attendance and settlement of litigation. The chapter 4 mainly discusses Article 10-1 of the Securities and Futures Investor Trader Protection Act, including the actual operation situation, the differences between article 10-1 of Securities and Futures Investors Protection Law and article 214 of Corporation Law. Then the last is to analysis the real cases. The chapter 7 is conclusion, this chapter summarizes the above chapters, and putting forward some opinions against shareholders’ derivative suit after the discussion of aforementioned chapters, expecting to provide some suggestions in the future amendments.
Chen, Hui-Ling, and 陳慧玲. "Research on Mainland China’s Company Law of Director’s Fiduciary Duty—Also discussing Shareholder Derivative Suit." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/48902256435201216064.
Full text東吳大學
法律學系
98
The main purpose of this thesis is researching Company Law Amendment 2005 of People Republic of China , including director’s fiduciary duty (especially focusing on director’s duty of loyalty and duty of care), and shareholder derivative suit. The chapters of this thesis are as following: Chapter 1 focuses on the motivation and purpose of this thesis. Chapter 2 describes director’s obligation and responsibility. Chapter 3 introduces director’s duty of loyalty and duty of care. The duty of care can be divided into two parts—the decision-making function and the oversight function. Both of them have different context and standard. Directors not only have the duty to make sure the company's daily business operations in compliance with the relevant laws, but also have the duty to establish internal control mechanism to ensure they are complied with fiduciary duties. Chapter 4 introduces the Business Judgment Rule. The rule protects directors when they engage in some risky business actions. Chapter 5 discusses shareholder derivative suit. It is a procedural right which is given to the shareholder by the law. Shareholder derivative suit, one of the rights of the minor shareholders is to protect the benefits of this small group from the damages of the other shareholders due to their right abuse. Chapter 6 is author’s point of view and the conclusion of this thesis.
Books on the topic "Shareholders derivative suit"
Nicola, Alessandro De. Shareholder Suits: The Roles and Motivations of Minority Shareholders and Directors in Derivative Suits. Aspatore Books, 2006.
Find full textPractical aspects of litigating the shareholder derivative suit. [Chicago, Ill.?]: American Bar Association, 1994.
Find full textShareholder derivative suits & the new ALI standards. [Mechanicsburg, Pa.]: Pennsylvania Bar Institute, 1997.
Find full textCox, James D., and Randall S. Thomas. The Evolution in the U.S. of Private Enforcement via Litigation and Monitoring Techniques. Edited by Jeffrey N. Gordon and Wolf-Georg Ringe. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780198743682.013.38.
Full textBook chapters on the topic "Shareholders derivative suit"
Zouridakis, Georgios. "Shareholders’ Derivative Suits Against Corporate Directors, Following Cross-Border Mergers: A Functioning Remedy Within the EU?" In Studies in European Economic Law and Regulation, 81–99. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-22753-1_5.
Full textMilhaupt, Curtis J., and Mark D. West. "Corporate Law and Governance: Shareholder Derivative Suits." In Economic Organizations and Corporate Governance in Japan, 9–38. Oxford University Press, 2004. http://dx.doi.org/10.1093/0199272115.003.0002.
Full textK. Koh, Alan, and Samantha S. Tang. "Direct and derivative shareholder suits: towards a functional and practical taxonomy." In Comparative Corporate Governance, 431–53. Edward Elgar Publishing, 2021. http://dx.doi.org/10.4337/9781788975339.00032.
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