2. Sources of company law and corporate governance

Company Law ◽  
2019 ◽  
pp. 20-48
Author(s):  
Lee Roach
Keyword(s):  
Corporate Governance ◽  
Human Rights ◽  
Best Practice ◽  
Case Law ◽  
Company Law ◽  
Human Rights Law ◽  
Corporate Governance Code ◽  
Practice Recommendations ◽  
The Uk ◽  
Standard Terms

This chapter discusses the various sources of company law and corporate governance. The main sources of company law are legislation, case law, the constitution of the company, contract, EU law, and human rights law. Legislation is the principal form of UK company law, with the Companies Act 2006 being the most important piece of company law legislation. However, companies are, to a degree, permitted to create their own internal rules through their constitution. Companies can also create their own law by drafting their own standard terms for use in contracts. Meanwhile, corporate governance best practice recommendations are found in a series of reports and codes, with the two principal codes being the UK Corporate Governance Code and the UK Stewardship Code. Both codes operate on a comply-or-explain basis, under which certain persons must comply with the code or explain their reasons for non-compliance.

2. Who makes company law and what is it for?

2018 ◽  
Author(s):  
Derek French
Keyword(s):  
Corporate Governance ◽  
Case Law ◽  
Company Law ◽  
Business Enterprise ◽  
Public Interests ◽  
Corporate Governance Code ◽  
Mandatory Rules ◽  
The Uk

This chapter discusses the sources and purposes of company law. Legislation is the most important source of company law. There is EU as well as UK legislation, but this is subject to Brexit. Litigation concerning companies has generated a vast quantity of case law. There are other rules such as the UK Corporate Governance Code and there are practitioner texts and academic articles and books in abundance. There is a discussion of the purpose of company law which notes that its most significant purpose must be to facilitate business, but there is argument over whether mandatory rules of company law are the best way to encourage business enterprise. This leads to the discussion of whether companies should only serve the interests of their members (the shareholder-centred view of the company) or whether wider public interests must be considered.

2. Who makes company law and what is it for?

2021 ◽  
pp. 10-32
Author(s):  
Derek French
Keyword(s):  
Corporate Governance ◽  
Case Law ◽  
Company Law ◽  
Business Enterprise ◽  
Public Interests ◽  
Eu Legislation ◽  
Corporate Governance Code ◽  
Mandatory Rules ◽  
The Uk

This chapter discusses the sources and purposes of company law. Legislation is the most important source of company law. The effect of EU legislation on UK law is explained, including retained EU Regulations which continue in force despite Brexit. Litigation concerning companies has generated a vast quantity of case law. There are other rules such as the UK Corporate Governance Code and there are practitioner texts and academic articles and books in abundance. There is a discussion of the purpose of company law which notes that its most significant purpose must be to facilitate business, but there is argument over whether mandatory rules of company law are the best way to encourage business enterprise. This leads to the discussion of whether companies should only serve the interests of their members (the shareholder-centred view of the company) or whether wider public interests must be considered.

2. Who makes company law and what is it for?

2019 ◽  
pp. 10-36
Author(s):  
Derek French
Keyword(s):  
Corporate Governance ◽  
Case Law ◽  
Company Law ◽  
Business Enterprise ◽  
Public Interests ◽  
Corporate Governance Code ◽  
Mandatory Rules ◽  
The Uk

This chapter discusses the sources and purposes of company law. Legislation is the most important source of company law. There is EU as well as UK legislation, but this is subject to Brexit. Litigation concerning companies has generated a vast quantity of case law. There are other rules such as the UK Corporate Governance Code and there are practitioner texts and academic articles and books in abundance. There is a discussion of the purpose of company law which notes that its most significant purpose must be to facilitate business, but there is argument over whether mandatory rules of company law are the best way to encourage business enterprise. This leads to the discussion of whether companies should only serve the interests of their members (the shareholder-centred view of the company) or whether wider public interests must be considered.

Company Law

2020 ◽  
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Corporate Governance ◽  
Case Law ◽  
Company Law ◽  
Private Companies ◽  
Corporate Governance Code ◽  
The Core ◽  
The Subject ◽  
The Uk ◽  
Complex Subject

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. Company Law provides an account of the key principles of this area of law. It aims to demystify this complex subject. Chapter introductions provide summaries of various aspects of company law and further reading provide the tools for further research and study. This volume includes coverage of new case law such as Rossendale BC v Hurstwood Properties (A) Ltd [2019] EWCA Civ 364; BTI 2014 LLC v Sequana SA [2019] EWCA Civ 112; Global Corporate Ltd v Hale [2018] EWCA Civ 2618; Parr v Keystone Healthcare Ltd [2019] EWCA Civ 1246; Sevilleja Garcia v Marex Financial Ltd [2018] EWCA Civ 1468; and Re Sprintroom Ltd; Prescott v Potamianos [2019] EWCA Civ 932. On corporate governance the latest developments surrounding the UK Corporate Governance Code and Stewardship Developments 2020 together with Wates Corporate Governance Principles for Large Private Companies are discussed.

scholarly journals Structure and Role of the Board of Directors according to the Company Law of Jordan: The Need for Revision

2018 ◽  
Author(s):  
Bashar H. Malkawi
Keyword(s):  
Corporate Governance ◽  
Best Practice ◽  
Company Law ◽  
Legal Reforms ◽  
Corporate Governance Code ◽  
The World ◽  
The Board Of Directors ◽  
Per Se ◽  
Made In

Corporate governance is developing rapidly in many countries across the world. In this article, the existing state of corporate governance in Jordan is examined. Jordan does not have a corporate governance code per se. The article reveals that overall Jordan has in place some of the features of corporate governance best practice, but that there remains further progress to be made in areas such as independence of directors, compensation, and correlation between shareholding and entitlement to seats on the board. The article recommends legal reforms in order to enhance corporate governance in Jordan.

Company Law Concentrate

2018 ◽  
Author(s):  
Lee Roach
Keyword(s):  
Corporate Governance ◽  
Case Law ◽  
Company Law ◽  
Capital Maintenance ◽  
Essential Information ◽  
Company Directors ◽  
Royal Dutch Shell ◽  
Business Structures ◽  
The Uk ◽  
Corporate Rescue

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Company Law Concentrate helps readers to consolidate knowledge in this area of law. This fifth edition includes coverage of the government’s corporate governance review, proposed updates to the UK Corporate Governance Code and the UK Stewardship Code, developments regarding unlisted companies and corporate governance, and notable case law developments, such as His Royal Highness Okpabi v Royal Dutch Shell plc [2018] and Re Sherlock Holmes International Society Ltd [2016]. Chapters examine business structures, incorporation, the constitution of the company, directors, members, corporate governance, capital and capital maintenance issues, members’ remedies, and corporate rescue and liquidation.

Current Practices of Saudi Shareholder’s Rights: A Case for Reform

2013 ◽  
Vol 27 (3) ◽  
pp. 231-257
Author(s):  
Faleh Salem al-Kahtani
Keyword(s):  
Corporate Governance ◽  
Company Law ◽  
Governance System ◽  
Corporate Governance Code ◽  
Oecd Principles ◽  
Corporate Governance System ◽  
The Uk ◽  
Current Practices

Abstract This article will analyse Saudi shareholder’s rights, in particular by focusing on the legitimate articles of the Corporate Governance Code (hereinafter CGC), Company Law (hereinafter CL) and law cases related to shareholder’s rights. Analytical and comparative approaches are employed, examining the OECD principles of corporate governance and the UK Companies Act provisions with a view to reforming shareholder’s rights in the Saudi corporate governance system. In addition, shareholder’s rights are divided into financial and administrative rights. Thereafter, a number of recommendations are made regarding shareholder’s rights in the Saudi context.

Company Law Concentrate

2020 ◽  
Author(s):  
Lee Roach
Keyword(s):  
Corporate Governance ◽  
Case Law ◽  
Company Law ◽  
Capital Maintenance ◽  
Essential Information ◽  
Sixth Edition ◽  
Company Directors ◽  
Business Structures ◽  
The Uk ◽  
Corporate Rescue

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Company Law Concentrate helps readers to consolidate knowledge in this area of law. This sixth edition has been fully updated and includes coverage of the 2018 UK Corporate Governance Code, the Wates Corporate Governance Principles, the UK Stewardship Code 2020, the Companies (Miscellaneous Reporting) Regulations 2018, and the reforms proposed following the consultation on insolvency and corporate governance. Case law updates include BAT Industries plc v Sequana SA [2019], Burnden Holdings (UK) Ltd v Fielding [2019], Popely v Popely [2019], and Vedanta Resources plc v Lungowe [2019]. Chapters examine business structures, incorporation, the constitution of the company, directors, members, corporate governance, capital and capital maintenance issues, members’ remedies, and corporate rescue and liquidation.

FOREIGN FADS OR FASHIONS? THE ROLE OF COMPARATIVISM IN HUMAN RIGHTS LAW

2015 ◽  
Vol 64 (3) ◽  
pp. 631-660 ◽  
Author(s):  
Sandra Fredman
Keyword(s):  
Human Rights ◽  
Comparative Law ◽  
Case Law ◽  
Human Rights Law ◽  
Law And Courts ◽  
European Court ◽  
The Usa ◽  
The Uk ◽  
Selection Of

AbstractAlthough there is a broadly similar core of human rights law and courts in different jurisdictions face strikingly similar questions, the use of comparative law in the human rights context remains controversial. Reference to foreign human rights materials is regarded as undemocratic, selective and misleading. Rather than searching for a single ‘right answer’, or expecting convergence, this article addresses these challenges from a deliberative perspective. A deliberative approach requires decisions to be taken on the basis of reasons which are thorough and persuasive. Even where outcomes diverge, there need to be good reasons, whether textual, institutional, or cultural. Comparative materials constitute an important contribution to this process. Part I critically assesses various alternative potential functions of comparative law. Part II develops the deliberative model while Part III addresses the main critiques of comparative law. Part IV tests the deliberative approach against a selection of cases dealing with two particularly challenging issues confronted by courts in different jurisdictions, namely the use of substantive principles such as dignity, and the application of justification or limitation clauses in the context of prisoners' right to vote. Case law is drawn from countries which already cite each other and which have broadly similar institutional frameworks: the USA, Canada, South Africa, India, Australia, the UK, New Zealand and the European Court of Human Rights to the extent that it too considers comparative law.

From Monologue to Dialogue

2013 ◽  
Author(s):  
Merris Amos
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Human Rights Law ◽  
National Courts ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Human Rights Norms ◽  
The Uk ◽  
Considerable Discussion

In recent years, there has been considerable discussion of the dialogue which takes place between UK courts, adjudicating in claims brought under the Human Rights Act 1998, and the European Court of Human Rights. This chapter examines the characteristics of this relationship and, utilising case law examples, considers the question of whether the metaphor of dialogue is entirely accurate. Also considered are the outcomes, both actual and potential, from a dialogue between national courts and a supranational court. It is clear that dialogue can have an impact on the creation of human rights norms, judicial power, and the legitimacy of human rights law. The UK example is employed to illustrate these outcomes in practice, and also to highlight the potential pitfalls of extensive dialogue with a supranational court.

Sign in / Sign up

Export Citation Format

Share Document