Log in

Relevant bibliographies by topics / Shareholders protection / Journal articles

To see the other types of publications on this topic, follow the link: Shareholders protection.

Journal articles on the topic 'Shareholders protection'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Shareholders protection.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

Alzumai, Fahad A., and Fahad N. Alshammari. "Balancing Business Objectives and Shareholders’ Rights in Voluntary Delisting: a Comparative Analysis of Selected Legal Jurisdictions." Comparative Law Review 29 (December 4, 2023): 45–71. http://dx.doi.org/10.12775/clr.2023.002.

Full text

Abstract:

Delisting a company from the stock market often negatively affects the interests of all related parties. For shareholders, the main detriment is their loss of the ability to trade and sell their shares on the open stock market. As voluntary delistings become a more prevalent market phenomenon worldwide, countries are seeking to implement regulatory protections during the process. The aim of this paper is to make a comparative analysis of the protection of shareholders during delisting across multiple jurisdictions including the United States, the UK, Germany, India, and Thailand that have adop

APA, Harvard, Vancouver, ISO, and other styles

2

Sukarmo, I. Gde, Hayyanul Haq, Zainal Asikin, and Salim HS. "Minority Shareholders’ Legal Protection in a Limited Liability Company System." Journal of Siberian Federal University. Humanities & Social Sciences 14, no. 11 (2021): 1606–12. http://dx.doi.org/10.17516/1997-1370-0843.

Full text

Abstract:

The purpose of this study is to determine the legal protection model for the majority and minority shareholders in public limited companies. This research method is normative research. To investigate the ineffectiveness of laws and regulations, in particular, Law No. 40 of 2007 on limited liability companies in providing shareholder protection, researchers have studied the laws and regulations and considered the views of experts on legal concepts related to legal protection for shareholders, particularly, minority shareholders. The results showed that the law did not provide maximum legal prot

APA, Harvard, Vancouver, ISO, and other styles

3

Mukhamedkarim, Zhibek. "Do the Minority Shareholders of Russian Corporations Need More Protection?" European Company Law 19, Issue 1 (2022): 11–21. http://dx.doi.org/10.54648/eucl2022003.

Full text

Abstract:

Russian corporate governance has traditionally been viewed as lacking in contrast to that of Western states. The major concern has been controlling shareholders’ expropriation of minority shareholders, especially in the setting of state-owned enterprises (SOEs). However, in recent years, the law and court treatment of minorities’ rights have taken a positive turn, drawing more investors to joint-stock companies (JSC), the Russian equivalent of US corporations. This article examines whether such developments sufficiently protect minority shareholders’ interests in the areas of (1) access to inf

APA, Harvard, Vancouver, ISO, and other styles

4

Shchoka, S. V. "Shareholder rights in Ukraine: some protection mechanisms and corporate relations." Uzhhorod National University Herald. Series: Law 2, no. 85 (2024): 68–72. http://dx.doi.org/10.24144/2307-3322.2024.85.2.9.

Full text

Abstract:

This article provides a detailed analysis of the establishment and protection of shareholders’ rights in Ukraine, which is an important component of corporate governance and the country’s development. The protection of shareholders’ rights ensures the stability of financial markets and contributes to attracting investments. The legal status of shareholders, their rights, and obligations play a crucial role in the functioning of joint-stock companies. The primary way to acquire shareholder status is by purchasing shares on the stock market, as well as through the transfer of shares via inherita

APA, Harvard, Vancouver, ISO, and other styles

5

Alikaj, Albi, and Aditya Limaye. "The Impact of Legal Systems on Dividend Payments." Studies in Business and Economics 16, no. 1 (2021): 5–11. http://dx.doi.org/10.2478/sbe-2021-0001.

Full text

Abstract:

Abstract This paper focuses on the amount of dividends paid to shareholders by companies in different countries and examines whether being in a country where the legal system offers weak shareholder protection affects dividend payments distributed to shareholders. The sample used for this study comprises 8,045 companies from 46 countries. Seven individual factors affecting shareholder protection were examined. Out of the seven factors, only two of them provide a significant relationship with dividend payments, and more specifically, the mechanisms put in place by companies to protect oppressed

APA, Harvard, Vancouver, ISO, and other styles

6

Fegyveresi, Zsolt. "Shareholders' Right to Information − A Comparative Analysis of Hungarian and Romanian Company Law." Acta Universitatis Sapientiae Legal Studies 9, no. 1 (2020): 39–62. http://dx.doi.org/10.47745/ausleg.2020.9.1.03.

Full text

Abstract:

"This study examines one of the basic rights of shareholders, the right to information in Hungarian and Romanian company law. The right to information is a non-property, organizational right originating from the shareholder’s membership right, which is related to the convening of the general meeting of the company limited by shares and the voting right that can be exercised there. The right to information is the individual right of the shareholder and the individual obligation of the company. The right to information belongs to all shareholders, regardless of the extent of their fi nancial con

APA, Harvard, Vancouver, ISO, and other styles

7

Mudzamiri, Justice. "Bolstering creditor and shareholder protection under the South African and Zimbabwean amalgamation or merger regulatory regimes: Suggestions for company-law reform." South African Law Journal 140, no. 4 (2023): 813–37. http://dx.doi.org/10.47348/salj/v140/i4a6.

Full text

Abstract:

This article critically assesses the efficacy of the South African and Zimbabwean merger regulatory regimes in providing suitable shareholder and creditor protection. The article seeks to balance competing goals. On the one hand, merger opportunities should be promoted by reducing regulatory barriers to merger regulation by, for instance, facilitating the implementation of mergers through a less complex procedure and with reduced court interference. On the other hand, the merger regimes ought to guarantee the appropriate and adequate protection of creditors and shareholders, including minority

APA, Harvard, Vancouver, ISO, and other styles

8

Černá, Stanislava. "Ochrana menšinových akcionářů v obchodním zákoníku." AUC IURIDICA 44, no. 2 (2020): 115–30. https://doi.org/10.14712/23366478.2025.262.

Full text

Abstract:

Act No. 142/1996 Coll. amending the Commercial Code strengthened the minority shareholders’ protection. The individual shareholders’ rights can be affected in various ways. These can be a limitation of the shareholder’s capacity to participate in the company control and asserting its will, consequent change of the rights attached to the share, change in the proportion of the individual shareholder’s share to the registered capital of the company or the net commercial capital, a decrease of the share price and a weakened minority shareholders’ position as a result of the acquisition by a certai

APA, Harvard, Vancouver, ISO, and other styles

9

Gafforov, Mehrangiz. "SHAREHOLDERS AS A WEAKNESS OF THE CONTRACT OF SHARE CONSTRUCTION." Jurisprudence 5, no. 3 (2025): 62–72. https://doi.org/10.51788/tsul.jurisprudence.5.3./vwxf4676.

Full text

Abstract:

"The article is devoted to the analysis of legal mechanisms for protecting a shareholder as a weak party in a shared construction agreement. The object of the research is the civil law relations arising between the developer and the shareholder, and the subject is the methods of legal protection of the latter’s interests in conditions of contractual inequality. Within the framework of this study, legal norms and theoretical views of domestic and foreign lawyers on the issue of protecting the rights of participants in shared housing construction were used. The comparative legal method, analysis

APA, Harvard, Vancouver, ISO, and other styles

10

Emanuella, Hamanda Tiara. "Perlindungan Hukum Pemegang Saham Minoritas PT (Persero) dalam Pembentukan Anak Perusahaan BUMN." MLJ Merdeka Law Journal 2, no. 2 (2021): 100–109. http://dx.doi.org/10.26905/mlj.v2i2.7166.

Full text

Abstract:

BUMN (Persero) is regulated in UU 19 of 2003 on BUMN. BUMN hold 50% or more of share as a major controlled, the minority share can be owned by other parties with IPO mechanism. BUMN is including the subject of Law Number 40 of 2007 on Limited Liability Company, which specifically regulates the rights of shareholders. However, the problem is related to when the BUMN carrying out its business activities establishes a subsidiary based on the decision of the GMS, where the majority shareholder who is the largest shareholder is on the side of him, which makes the rights of the minority shareholder

APA, Harvard, Vancouver, ISO, and other styles

11

Suresh, Kumar M. V., and Rao CH Lakshmana. "Legal Protection of Minority Shareholders under Corporate Governance Process." International Journal of Current Science Research and Review 04, no. 04 (2021): 308–16. https://doi.org/10.47191/ijcsrr/V4-i4-09.

Full text

Abstract:

Abstract : In recent days, most of the corporate are failing in managing business effectively and the major cause for this is conflicts between majority and minority shareholders of the company which lead to direct or indirect destruction of business at the end. Even though, there are certain laws and provisions made for the sake of minority shareholders, those are enforced well and needs to make them as utmost safeguards to minority shareholders. In this paper, we will discuss the issues for conflict including rights of minority shareholders as well as roles and responsibilities of shareholde

APA, Harvard, Vancouver, ISO, and other styles

12

Phuong, Ta Thu, Le Duc Hoang, Tran Minh Tuan, and Trinh Mai Van. "Minority shareholder protection and dividend policy: Evidence from the material industry." Journal of Governance and Regulation 12, no. 3 (2023): 163–70. http://dx.doi.org/10.22495/jgrv12i3art17.

Full text

Abstract:

This study investigates the impact of minority shareholder protection on corporate dividend policy. On one hand, strong minority shareholder protection can be associated with a reduction in dividend payment because shareholders want to receive more dividends to mitigate agency costs. On the other hand, weak minority shareholder protection can lead to an increase in dividend payment since shareholders, in order to protect themselves, may require the company to pay more dividends to compensate for weak minority shareholder protection. Our sample consists of 101 Vietnamese listed firms in the mat

APA, Harvard, Vancouver, ISO, and other styles

13

Sun, Ping, Sheng Ma, and Xinxin Xu. "Multi-Factor Collaborative Governance of Controlling Shareholder Expropriation Behavior in Emerging Economies: A Perspective of Double Principal-Agent Conflicts." SAGE Open 12, no. 2 (2022): 215824402210974. http://dx.doi.org/10.1177/21582440221097403.

Full text

Abstract:

Controlling shareholder expropriation is an important issue in corporate governance in emerging economies. The existing literature discusses the effects of minority shareholder legal protection, controlling shareholder ownership, and managerial shareholding on controlling shareholder expropriation, which is mainly empirical research with insufficient attention to the internal relationships among the governance factors. This research builds theoretical models to study the interactive mechanisms between minority shareholder legal protection, controlling shareholders’ initial shareholding ratios,

APA, Harvard, Vancouver, ISO, and other styles

14

Acheson, Graeme G., Gareth Campbell, and John D. Turner. "Private Contracting, Law and Finance." Review of Financial Studies 32, no. 11 (2019): 4156–95. http://dx.doi.org/10.1093/rfs/hhz020.

Full text

Abstract:

Abstract In the late nineteenth century Britain had almost no mandatory shareholder protections, but had very developed financial markets. We argue that private contracting between shareholders and corporations meant that the absence of statutory protections was immaterial. Using approximately 500 articles of association from before 1900, we code the protections offered to shareholders in these private contracts. We find that firms voluntarily offered shareholders many of the protections that were subsequently included in statutory corporate law. We also find that companies offering better pro

APA, Harvard, Vancouver, ISO, and other styles

15

Barroso Casado, Raúl, Michael Burkert, Antonio Dávila, and Daniel Oyon. "Shareholder Protection: The Role of Multiple Large Shareholders." Corporate Governance: An International Review 24, no. 2 (2015): 105–29. http://dx.doi.org/10.1111/corg.12131.

Full text

APA, Harvard, Vancouver, ISO, and other styles

16

Emanuella, Hamanda Tiara. "Perlindungan Saham Minoritas PT (Persero) dalam Pembentukan Anak Perusahaan BUMN." MLJ Merdeka Law Journal 3, no. 1 (2022): 47–57. http://dx.doi.org/10.26905/mlj.v3i1.7929.

Full text

Abstract:

BUMN (Persero) is regulated in Law Number 19 of 2003 concerning BUMN. In practice BUMN (Persero) is subject to Law Number 40 of 2007, which regulates the rights of shareholders. However, when the Persero BUMN established a subsidiary based on a GMS decision, where the majority shareholder sided with it, which made the rights of minority shareholders neglected. The aim of the research is to analyze the pattern of protection for minority shareholders of PT (Persero) according to the corporate legal system and legal remedies for minority shareholders in protecting their rights to action. This res

APA, Harvard, Vancouver, ISO, and other styles

17

Lartey, Theophilus, and Albert Danso. "Globalization, free markets and investor protection." Economics and Business Letters 9, no. 1 (2020): 8. http://dx.doi.org/10.17811/ebl.9.1.2020.8-13.

Full text

Abstract:

Using data from 29 countries, this paper is the first attempt to examine whether economic, political and social integration explain how well investors, both shareholders and creditors, are protected from expropriation by firms. We show that: (i) globalization drives both shareholder and creditor protection; (ii) least restrictive markets rather than paternalistic markets matter particularly for shareholders’ protection; (iii) the globalization-protection nexus favoured only creditors during the crisis; and (iv) our result significantly holds for OECD-member countries.

APA, Harvard, Vancouver, ISO, and other styles

18

Kaya, Meltem Karatepe. "Impact of the COVID-19 Outbreak on Minority Shareholder Protection." Business Law Review 42, Issue 2 (2021): 67–74. http://dx.doi.org/10.54648/bula2021010.

Full text

Abstract:

The COVID-19 outbreak, which was announced by the World Health Organization (WHO) as a global outbreak on 11 March 2020, comprises a risk not only for human health, but also for the whole world including society, business and the global economy. During lockdowns caused by the COVID-19 virus, the general atmosphere of companies changed. The significant restrictions and measures announced by the countries in order to deal with the COVID-19 crisis had serious economic outcomes for companies. The crisis environment has been used by some managers, who are also majority shareholders in the company o

APA, Harvard, Vancouver, ISO, and other styles

19

LEDENEV, VIKTOR. "BUSINESS JUDGEMENT OF MAJORITY SHAREHOLDER RULE IN CONTEXT OF LEGAL NATURE OF NON-PUBLIC COMMERCIAL CORPORATION." Sociopolitical Sciences 12, no. 4 (2022): 97–102. http://dx.doi.org/10.33693/2223-0092-2022-12-4-97-102.

Full text

Abstract:

Goal. In the article we research applicability of business judgement rule to actions of a majority shareholder taking in the account specificities of non-public commercial corporations. Analysis of application of the rule to a majority shareholder’s actions in view of non-public corporation’s legal nature was conducted only in the Peeples’ paper [13]. However, this analysis fails to take into the account ability of shareholders of corporations to apply informal sanctions against each other. The goal of this article is to supplement current understanding of legal nature of non-public corporatio

APA, Harvard, Vancouver, ISO, and other styles

20

Basak, Suleyman, Georgy Chabakauri, and M. Deniz Yavuz. "Investor Protection and Asset Prices." Review of Financial Studies 32, no. 12 (2019): 4905–46. http://dx.doi.org/10.1093/rfs/hhz038.

Full text

Abstract:

Abstract Empirical evidence suggests that investor protection significantly affects ownership concentration and asset prices. We develop a dynamic asset pricing model to address the empirical regularities and uncover some of the underlying mechanisms at play. Our model features a controlling shareholder that endogenously accumulates control over a firm, and diverts a fraction of its output. Better investor protection decreases stock holdings of controlling shareholders, increases stock mean returns, and increases stock return volatilities when ownership concentration is sufficiently high, cons

APA, Harvard, Vancouver, ISO, and other styles

21

McMenamin, Rebecca, and Michael Waibel. "Shareholder Protection in International Human Rights and Investment Law." Austrian Review of International and European Law Online 27, no. 1 (2024): 125–46. http://dx.doi.org/10.1163/9789004705555_008.

Full text

Abstract:

Abstract Foreign shareholders can avail themselves of legal protection under three different legal regimes: diplomatic protection, international investment law and international human rights law. Adopting a historic and comparative approach, this article tracks the faded role of diplomatic protection for protecting shareholders. It identifies the legal instruments that protect shareholders under international investment law and international human rights law, and examines how each regime protects shareholders to assess whether there is a genuine conflict in terms of protection. It uses the nat

APA, Harvard, Vancouver, ISO, and other styles

22

Shazly, Yassin El, and Sayed Shaarawy. "Assessment of the Protection of Shareholders in Egypt." Arab Law Quarterly 30, no. 3 (2016): 278–91. http://dx.doi.org/10.1163/15730255-12341322.

Full text

Abstract:

Egypt has opened the gate for international investment, especially after the 25 January Revolution in 2011, to compensate investments lost both during and after the revolution. Expanding shareholder protection laws may have a positive impact on companies as well as on the Egyptian national income. For example, as companies expand their external financing and decrease conflicts between shareholders and company managers, their profits can increase. Therefore, in order to assess whether the legal and contractual protection of shareholders functions efficiently, it will first be necessary to deter

APA, Harvard, Vancouver, ISO, and other styles

23

Purwanti, M. M. Fajar, Fadlan Fadlan, and Siti Nurkhotijah. "Juridical Analysis of Shareholder Agreement Letters as a Form of Legal Protection (Research Study in Companies in Batam City)." QISTINA: Jurnal Multidisiplin Indonesia 2, no. 2 (2023): 1523–29. http://dx.doi.org/10.57235/qistina.v2i2.1346.

Full text

Abstract:

Private companies are one of the main pillars of the national economy in sustainable national development. In carrying out business activities, conflicts often occur between the shareholders of a company. The governance of a company is regulated in Law Number 40 of 2007. The reality of the business world is that often the articles of association in the deed of establishment of a Limited Liability Company as a place to accommodate the clauses agreed to by the shareholders cannot accommodate clauses that are specific to the objectives of the shareholders. shares to manage the running of the Limi

APA, Harvard, Vancouver, ISO, and other styles

24

Wang, Qingwen. "Research on the Protection of Minority Shareholders' Rights in the Context of Major Shareholders' Expropriation: A Case Study of Pangda Group." Advances in Economics, Management and Political Sciences 157, no. 1 (2025): 8–15. https://doi.org/10.54254/2754-1169/2024.20641.

Full text

Abstract:

In the context of the rapid development of the capital market and the frequent occurrence of expropriation incidents by major shareholders, this paper analyzes the process and methods by which the major shareholder of Pangda Group expropriates the listed company. Using event study methodology, the excess returns and cumulative excess returns are calculated to assess the negative impact of major shareholders' expropriation behavior on the capital market. The paper also proposes a series of suggestions for the protection of minority shareholders' rights under the expropriation of major sharehold

APA, Harvard, Vancouver, ISO, and other styles

25

Putri, Melisa Dwi, and Muhammad Fahmi Reksa Al Farisi. "Comparison of Derivative Action Regulations in Indonesia and South Korea in Providing Legal Protection for Minority Shareholders." Istinbath : Jurnal Hukum 21, no. 02 (2024): 40–54. http://dx.doi.org/10.32332/istinbath.v21i02.9849.

Full text

Abstract:

The board of directors can harm the interests of minority shareholders considering that shareholders are passive parties who do not participate in managing the company, thus there is a possibility of infringing upon the rights of the shareholders. A derivative action is a lawsuit by a shareholder on behalf of and representing the corporation against members of the board of directors who have made mistakes that resulted in losses to the corporation. Derivative action plays an important role in providing balanced protection for minority shareholders. The purpose of the research is to find a comp

APA, Harvard, Vancouver, ISO, and other styles

26

Hallemeesch, Nick. "Self-Dealing by Controlling Shareholders: Improving Minority Protection in Light of Article 9 c SRD." European Company and Financial Law Review 15, no. 2 (2018): 197–235. http://dx.doi.org/10.1515/ecfr-2018-0008.

Full text

Abstract:

Controlling shareholders may cause a company to enter into transactions with themselves or one of their subsidiaries, thereby expropriating minority shareholders. General principles of company law, such as board autonomy, often do not adequately constrain controlling shareholders. Moreover, Belgian, French and Dutch courts apply deferential standards of review to related party transactions, while approval procedures in these jurisdictions are also flawed. A recent amendment to the Shareholder Rights Directive requires adequate protection of minority shareholders against self-dealing. Member St

APA, Harvard, Vancouver, ISO, and other styles

27

Koutsias, Marios. "Shareholder Supremacy in a Nexus of Contracts: A Nexus of Problems." Business Law Review 38, Issue 4 (2017): 136–46. http://dx.doi.org/10.54648/bula2017021.

Full text

Abstract:

This article focuses on shareholder supremacy and exclusivity derived from a view of the company as a nexus of contracts. The nexus of contracts theory is the dominant theory within English company law. It defines the company as a contract between private individuals. The shareholders and the company are recognized as the only parties to that contract. While corporate membership is reserved exclusively for shareholders, the rest of the stakeholders are viewed as external to the company. The article will question the theoretical and doctrinal validity of shareholder supremacy and exclusivity wi

APA, Harvard, Vancouver, ISO, and other styles

28

Ouerfelli, Ahmed. "La protection des actionnaires minoritaires En droit tunisien des sociétés." Yearbook of Islamic and Middle Eastern Law Online 13, no. 1 (2006): 107–33. http://dx.doi.org/10.1163/22112987-91000167.

Full text

Abstract:

Abstract The Law on the Economic Initiative, promulgated on December 27th, 2007, amended several laws at the same time. Among these laws, is the modifi cation of certain provisions of the Commercial Companies Code of November 3rd, 2000. The Law aims at the impulse of the creation and the transmission of fi rms. In the field of company law, it reinforces the rights of shareholders in limited companies, listed or not, and abolishes the minimum capital, required for the constitution of limited liability companies. It also allows the shareholders to have a contribution in services (apport en indus

APA, Harvard, Vancouver, ISO, and other styles

29

Diyan Ibaidah Ayogi, Chusnia Chusnia, and Sumriyah Sumriyah. "Perlindungan Hukum Hak Pemegang Saham Dalam Pembubaran Perusahaan Berdasarkan Undang-Undang Nomor 40 Tahun 2007." Jurnal Hukum dan Sosial Politik 1, no. 3 (2023): 111–24. http://dx.doi.org/10.59581/jhsp-widyakarya.v1i3.547.

Full text

Abstract:

Company dissolution and legal protection of shareholder rights are regulated based on Law Number 40 of 2007 concerning Limited Liability Companies in Indonesia. The journal discusses the procedure for dissolving a company, the reasons for dissolving, and options for filing a lawsuit against the court for dissolving a company when a dispute arises between shareholders. The author emphasizes the importance of legal protection for shareholders and the need for clear regulations in the Indonesian Limited Liability Company Law. Normative legal research methods (normative legal research). The result

APA, Harvard, Vancouver, ISO, and other styles

30

Juratowitch, B. "Diplomatic Protection of Shareholders." British Yearbook of International Law 81, no. 1 (2011): 281–323. http://dx.doi.org/10.1093/bybil/brr009.

Full text

APA, Harvard, Vancouver, ISO, and other styles

31

Roodhooft, Olivier. "The Impact of Appraisal Remedies on the Financial Position of the Private Company." European Company Law 20, Issue 3 (2023): 63–69. http://dx.doi.org/10.54648/eucl2023011.

Full text

Abstract:

Appraisal remedies offer a withdrawal right to minority shareholders who are confronted with midstream-changes in a company. This form of minority protection is a hot topic in (European) company law especially since the introduction of appraisal remedies in the Cross Border Mobility Directive. This article deals with an underexposed risk to this form of minority protection in private companies, namely the impact of the payment of the compensation for the withdrawing shareholder on the financial position of the company. Just as any other distribution, the payment of the compensation could endan

APA, Harvard, Vancouver, ISO, and other styles

32

Lakhal, Faten. "Ownership structure and voluntary disclosures: the case of French-listed firms." Corporate Ownership and Control 5, no. 1 (2007): 131–38. http://dx.doi.org/10.22495/cocv5i1p11.

Full text

Abstract:

This paper investigates the relationship between ownership structure and voluntary earnings disclosures under high ownership concentration of French-listed firms. The findings show that French managers are less likely to make voluntary disclosures when they are controlled by a large shareholder or by a family, suggesting that low legal protection leads to expropriation of minority shareholders. The results also show that the proportion of foreign institutional investors in capital is likely to mitigate this relationship since institutional investors signal good minority shareholders’ protectio

APA, Harvard, Vancouver, ISO, and other styles

33

Bidie, Simphiwe S. "Examining the interpretation of section 115(2)(a) of the Companies Act of 2008." Law, Democracy and Development 26 (April 15, 2022): 1–42. http://dx.doi.org/10.17159/2077-4907/2021/ldd.v26.5.

Full text

Abstract:

For the purposes of protecting the rights and interests of sharehoIders, section 115(2)(a) of the Companies Act 71 of 2008 is imperative and essential. The section and its concomitant provisions are beginning to find their footing before South African courts. One of the occasions when the imperative nature of the section is seen is when directors take part in decision-making where companies intend to enter into share buy-back schemes of arrangement. In that respect, the clarity and precision of the section has so far received Iimited scrutiny. To compound matters, even before the roIe sharehol

APA, Harvard, Vancouver, ISO, and other styles

34

Ashraf, Badar Nadeem, and Changjun Zheng. "Shareholder protection, creditor rights and bank dividend policies." China Finance Review International 5, no. 2 (2015): 161–86. http://dx.doi.org/10.1108/cfri-08-2014-0057.

Full text

Abstract:

Purpose – The purpose of this paper is to examine the impact of legal protection of bank minority shareholders (noncontrolling shareholders) and bank creditors (e.g. depositors or debt-holders) on bank dividend payout policies using a panel data set of 5,918 banks from 52 countries over the period 1998-2007, after controlling for country-level deposit insurance coverage and bank- and country-level regulatory pressures. Design/methodology/approach – Tobit panel regression models are used to examine the impact of legal protection of shareholders and creditors on bank dividend payout amounts. And

APA, Harvard, Vancouver, ISO, and other styles

35

Lapina, 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 text

Abstract:

The main aim is to discuss shareholder rights protection in Ukraine and Germany, which have the same Civil law legal system. Our contribution outlines, systemizes and accesses approaches how critical and weak issues in the area of shareholder protection are resolved in both countries using the mechanisms of corporate governance. Using Germany as a benchmark, the paper identifies that the most important and efficient mechanisms of shareholders rights protection, which can be implemented in Ukrainian companies are the following: principle of equal treatment and duty of loyalty which should be fi

APA, Harvard, Vancouver, ISO, and other styles

36

Kolohoida, Oleksandra, and Ksenia Polosenko. "METHODS OF THE PROTECTION OF MINORITY SHAREHOLDERS' RIGHTS IN DISPUTES OF MANDATORY SHARES SALE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 126 (2023): 54–62. http://dx.doi.org/10.17721/1728-2195/2023/2.126-6.

Full text

Abstract:

Background. The institution of mandatory sale of minority shareholders' rights at the request of a person (group of persons) who owns a dominant controlling stake (squeeze-out) is new for the theory and practice of the domestic corporate law. In the legislation of the EU countries, a public offer is a mechanism that guarantees the protection of minority shareholders in the process of redistribution of corporate control and takeover of a joint-stock company and ensures a balance of private and public interests in a joint-stock company in the process of the exit of a public company from the regi

APA, Harvard, Vancouver, ISO, and other styles

37

Jin, Dongjie. "Is Stakeholder Value a Barrier for Shareholder Value?" Lecture Notes in Education Psychology and Public Media 28, no. 1 (2023): 246–51. http://dx.doi.org/10.54254/2753-7048/28/20231351.

Full text

Abstract:

Shareholder primacy is the foundational principle of one company generating the biggest interest for shareholders. As the separation of ownership and control, the protection of shareholders has been placed under spotlight and attracted more attention. Honestly, it is quite rational for companies to consider the interest of shareholders as priority, after all, shareholders as investors must undertake the risks of business. Yet, with companies are evolving into large-scale and complex entities, they need to balance multiple constituents of value such as employees benefits, social obligation, and

APA, Harvard, Vancouver, ISO, and other styles

38

Fu, Qiqi. "Strengthening Judicial Protection of Minority Shareholders through the China Securities Investor Services Center: The Chinese Approach." China: An International Journal 22, no. 3 (2024): 115–45. http://dx.doi.org/10.56159/chn.2024.a936311.

Full text

Abstract:

Abstract: By amending the Securities Law in 2019, China adopted a unique approach to strengthening minority shareholders' judicial protection and improving the corporate governance of Chinese listed companies. The amendment introduced two mechanisms to address misrepresentation: lawyer-led opt-in ordinary representative litigation and opt-out class action led by the China Securities Investor Services Center (ISC). The ISC also acts as a general guardian of minority shareholders in litigation. This raises questions of the effectiveness of the ISC approach. On the one hand, the ISC's semi-govern

APA, Harvard, Vancouver, ISO, and other styles

39

Anderson, Helen, Michelle Welsh, Ian Ramsay, and Peter Gahan. "THE EVOLUTION OF SHAREHOLDER AND CREDITOR PROTECTION IN AUSTRALIA: AN INTERNATIONAL COMPARISON." International and Comparative Law Quarterly 61, no. 1 (2012): 171–207. http://dx.doi.org/10.1017/s0020589311000595.

Full text

Abstract:

AbstractThis article is part of a larger international investigation of the effects of a country's legal origins on the style of business regulation. We employ an innovative ‘leximetric’ methodology to numerically code the protective strength of Australian corporate law for both shareholder and creditor protection for the period 1970 to 2010. This leximetric methodology has been used in a prominent international debate concerning the development of legal rules and the effects of different styles of regulation on a range of economic outcomes—the legal origins debate. Drawing on similar data com

APA, Harvard, Vancouver, ISO, and other styles

40

Waqas, Muhammad, Aneela Zeb, and Alam Zeb. "Protection of Minority Share-Holders Rights." International Journal of Social Sciences and Management 2, no. 3 (2015): 193–96. http://dx.doi.org/10.3126/ijssm.v2i3.12745.

Full text

Abstract:

In this modern and advance era of competition, corporate sector plays an extremely important role in the development of a state by strengthening its economy and ensuring the economic stability. The corporations are controlled by the shareholders. In a corporation/company, minority shareholders also play a vital role in the business of the company. Laws have been formulated for the protection of the minority shareholders, however, these laws are not observed in its true spirit due to the ignorance of minority shareholders about their rights. The scope of this article is to review the status of

APA, Harvard, Vancouver, ISO, and other styles

41

Davies, Bill. "Entrenching Provisions in the Articles: The Ultimate Protection for the Shareholder-Director?" Business Law Review 30, Issue 8/9 (2009): 184–86. http://dx.doi.org/10.54648/bula2009041.

Full text

Abstract:

This article considers the enactment of the entrenchment provisions in the Companies Act 2006 and their potential use as a method of minority protection. The article considers how these new provisions could be used in conjunction with the statutory contract, weighted voting rights, class rights and shareholders’ agreements to facilitate minority shareholder protection.

APA, Harvard, Vancouver, ISO, and other styles

42

Hennessey, Sean M. "Corporate governance mechanisms for publicly-traded companies." Corporate Ownership and Control 5, no. 4 (2008): 309–14. http://dx.doi.org/10.22495/cocv5i4c2p4.

Full text

Abstract:

The resolution of conflicts between shareholders and managers, at minimal cost, is the goal of corporate governance. This paper discusses four mechanisms, two internal, two external, that attempt to ensure managers act in the best interests of shareholders: 1) the board of directors, 2) management compensation plans, 3) the market, and 4) takeovers. Theoretically, these four forms of corporate governance should ensure management maximizes shareholder value. But, agency costs are real for shareholders. In practice each the mechanisms may be severely limited in their ability to protect sharehold

APA, Harvard, Vancouver, ISO, and other styles

43

Tang, Zhiyuan. "A Study on the Guarantee of Chinese One-man Company for Its Shareholders." Northeast Asian Business and Economics Association 4, no. 1 (2023): 37–46. http://dx.doi.org/10.51156/jnabe.2023.4.1.37.

Full text

Abstract:

Purpose - Research the legality of one member company’s shareholder guarantee. First of all, as far as the legislative purpose of the decision-making power of the shareholders’ meeting and the procedure for shareholders to avoid voting under the special guarantee stipulated in the Company Law of China is concerned, its legislative purpose is to prevent major shareholders from abusing their rights, protection of the Company and minority shareholders. Design/Methodology/Approach - There is no difference between large and small shareholders in a one-person company. The only shareholder of a

APA, Harvard, Vancouver, ISO, and other styles

44

Tan, Maya Sari, Abdul Rahcmad Budiono, and Hanif Nur Widhiyanti. "PERLINDUNGAN HUKUM BAGI PEMEGANG SAHAM MINORITAS YANG TIDAK DILIBATKAN DALAM PROSES AKUISISI." Yuridika 32, no. 3 (2017): 441. http://dx.doi.org/10.20473/ydk.v32i3.4827.

Full text

Abstract:

Acquisition as a form of corporate restructuring that is carry out to overcome the situation of financial difficulties or improve the performance of the company as a whole or part of the business unit. In Article 126 paragraph 1 of Laws of the Republic of Indonesia number 40 of 2007 concerning Limited Liability Company stated that the acquisition process should consider the interests of minority shareholders. However, sometimes acquisition decisions have already been decided in advance by the majority shareholder without involving minority shareholders. Based on this, this paper intends to ana

APA, Harvard, Vancouver, ISO, and other styles

45

Zhou, Keming. "Profit compensation mechanism and interest protection of minority shareholders in merger and reorganization." BCP Business & Management 21 (July 20, 2022): 200–210. http://dx.doi.org/10.54691/bcpbm.v21i.1194.

Full text

Abstract:

In the process of merger and reorganization transaction, major shareholders often make use of information asymmetry and control advantage to damage the interests of minority shareholders. In addition, in order to promote the smooth development of mergers and acquisitions, many enterprises often adopt the signing of performance commitments and profit compensation agreements to protect the interests of minority shareholders. However, even if the commitment subject undertakes profit compensation, can it ensure that the interests of minority shareholders will not be harmed? The article takes Jinyu

APA, Harvard, Vancouver, ISO, and other styles

46

Mateev, Miroslav. "Corporate governance problem and its implications for transition economies." Corporate Ownership and Control 5, no. 3 (2008): 335–48. http://dx.doi.org/10.22495/cocv5i3c3p2.

Full text

Abstract:

This paper examines the corporate governance problem in Central and Eastern European (CEE) countries and the major implications of highly concentrated ownership in these countries on their economic development. Our main message is that ownership and control in transition economies will remain highly concentrated in short-term aspect, and regulatory intervention should focus on protecting minority shareholder interests while maintaining the incentives for entrepreneurship and large shareholder monitoring. We also argue that the corporate governance system in transition economies will have to re

APA, Harvard, Vancouver, ISO, and other styles

47

de Jong, Bas. "The Transfer of Shares by Court Order in a Closely Held Company: What Is the Proper Reference Date for the Valuation of the Shares?" European Company Law 9, Issue 4 (2012): 225–32. http://dx.doi.org/10.54648/eucl2012036.

Full text

Abstract:

In several jurisdictions, courts can order a shareholder to transfer his shares to another shareholder or a third party. In the UK, the unfair prejudice rules of the Companies Act 2006 enable, among other things, protection of non-controlling shareholders' interests and can lead to a court order that shares should be purchased by the controllers of the company. In the Netherlands, it is possible to initiate an action of expulsion against a shareholder who harms a company by his behaviour. Moreover, shareholders can exit the company if their interests are prejudiced to such an extent that conti

APA, Harvard, Vancouver, ISO, and other styles

48

Nikolic, Jelena, and Verica Babic. "The implications of ownership concentration for shareholder protection and strategic decision-making." Ekonomski anali 61, no. 211 (2016): 69–98. http://dx.doi.org/10.2298/eka1611069n.

Full text

Abstract:

The purpose of corporate governance mechanisms is to prevent opportunistic behaviour by managers, in order to align the interests of owners and managers. Following from this, our research topic is the analysis of ownership concentration as an internal mechanism to protect the interests of shareholders. In the study of the interdependence between ownership concentration and shareholder protection, particular importance needs to be given to the relationship between ownership structure, the role of the board, and strategic decision-making. Starting from this interdependence, our research aim is t

APA, Harvard, Vancouver, ISO, and other styles

49

Alhasani, Omar, and Shafiqul Hassan. "Shareholder Protection in Saudi Companies Law: Assessing Merger and Acquisition Efficacy for Unlisted Joint Stock Companies." International Journal for Scientific Research 3, no. 4 (2024): 639–60. http://dx.doi.org/10.59992/ijsr.2024.v3n4p16.

Full text

Abstract:

This paper explores the legal protections afforded to shareholders of unlisted joint stock companies in Saudi Arabia during merger and acquisition activities. There are significant risks associated with using tools like mergers and acquisitions, including market share loss and decreased profitability for shareholders. Thus, this study aims to analyse the Saudi Companies Law for potential gaps that may affect shareholder legal protections. The researchers primarily use a doctrinal legal methodology to assess the legal framework. This approach provides that the study is based on an examination o

APA, Harvard, Vancouver, ISO, and other styles

50

Zablotskyi, Kostiantyn. "PROTECTION OF MINORITY SHAREHOLDERS’ RIGHTS." European Political and Law Discourse 8, no. 1 (2021): 199–206. http://dx.doi.org/10.46340/eppd.2021.8.1.24.

Full text

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!