Scrutinising the role of members in charitable companies: Lehtimäki and others v Cooper [2020] UKSC 33

2020 ◽  
Author(s):  
Samuel Yee Ching Leung
Keyword(s):  
Corporate Governance ◽  
Fiduciary Duty ◽  
The Law ◽  
Trust Law ◽  
Judicial Treatment

Abstract The law of charities is generally recognised as a branch of the law of trust but, nonetheless, has received special judicial treatment as distinguished from ordinary trust doctrines. In Lehtimäki and others v Cooper [2020] UKSC 33, interesting but difficult questions arose as to how the court should treat the members of charitable companies, and the decision made by the court has significant implications in charity law and trust law. First, the court has recognised the members as fiduciaries to charitable companies, but the boundary of the fiduciary duty needs further judicial clarification. Secondly, the court created an exception to the well-settled “non-intervention principle” in trust law but it calls for scrutiny. Lastly, Lehtimäki has an impact on the corporate governance of charitable companies, since it held that fiduciaries of charitable companies must obey an order made by the court which exercises a discretion of the trustees upon their surrender of discretion.

Corporate Governance and the Role of Investment Funds

2002 ◽  
Vol 3 (11) ◽  
Author(s):  
Ulrich Seibert
Keyword(s):  
Corporate Governance ◽  
Driving Forces ◽  
Master Plan ◽  
Investment Funds ◽  
Proxy Voting ◽  
Striking Increase ◽  
The Law ◽  
To Come ◽  
Transparency And Disclosure

Since the mid-90\'s Germany has seen a whole range of laws on corporate governance: first and foremost the KonTraG, i.e. the law on control and transparency, followed by the NaStraG, i.e. the law on registered shares and the facilitating of proxy voting, then, more recently, the TransPuG, i.e. the law on transparency and disclosure, and - finally - the German Corporate Governance Codex issued by the Cromme Commission – and there is probably more to come during the next legislative period. What are the reasons for this striking increase in activity? What are the driving forces and is there a master plan behind these efforts?

scholarly journals Legal Obstacles in Shari’ah Corporate Governance of Islamic Financial Institutions in Malaysia

2011 ◽  
Vol 24 (2) ◽  
pp. 179-182 ◽  
Author(s):  
Aishath Muneeza Aishath Muneeza
Keyword(s):  
Corporate Governance ◽  
Financial Institutions ◽  
Significant Role ◽  
Asia Pacific ◽  
Business Research ◽  
Research Conference ◽  
Islamic Financial Institutions ◽  
King Abdulaziz University ◽  
The Law

This paper was sent to be published in the Journal of King Abdulaziz University for Islamic Economics. Also, it was presented in different title( ) in the Asia-Pacific Business Research Conference in Malysia, February 2011. The researchers highlighted the significant role of the Shari’ah corporate governance in the effectiveness and stability of Islamic financial Institutions in Malaysia. They outline the roles of corporate governance (in both conventional and Islamic corporations) through which it can be directed, administered and controlled. However, they argue that Shari’ah corporate governance has different perspective and methodology. The Shari’ah corporate governance primary is based on the tenets of Islam as the primary law and then on other positive laws, such as laws regulating the interest of the directors and the stakeholders. They described the structure of shari’ah corporate governance in Malaysia in order to emphasize and underscore some legal obstacles in the Shari’ah corporate governance and suggest some practical solutions to reform absence in the law.

Directors’ duties in the context of Confucianism

2015 ◽  
Vol 22 (1) ◽  
pp. 37-47
Author(s):  
Charles KN Lam ◽  
S.H. Goo
Keyword(s):  
Corporate Governance ◽  
Common Law ◽  
Fiduciary Duty ◽  
Moral Principle ◽  
Duty Of Care ◽  
Governance System ◽  
Content Type ◽  
The United Kingdom ◽  
Corporate Governance System ◽  
The Law

Purpose – The purpose of this paper is to demonstrate how Confucianism can be applied in the areas that are now governed by company law in the common law system and how it can play a role in improving corporate governance. A gentleman in the context of Confucianism tends to be inclusive and broad-minded in embracing the interest of different stakeholders. In fact, he will balance the interests of shareholders and other stakeholders if there is any inherent conflict and try to achieve a win-win situation. Ultimately, he will run the company not just for profit-making but for social justice and commitment. Design/methodology/approach – The authors examine the leading cases in Hong Kong and the United Kingdom about the law of fiduciary duty and the duty of care and its relationship with Confucianism. In this respect, we review the teachings of the traditional Confucian texts and use Confucianism to fill in the gap where common law rules cannot reach. In addition, we adopt a comparative study approach in examining the law of directors’ duties in Hong Kong, China and the United Kingdom. Findings – It can be seen that the concept of fiduciary duty and duty of care is quite complicated and evolving and always subject to the interpretations of the court from time to time. For fiduciary duty, the term itself is quite conceptual and not immediately available to the general public. But loyalty in the context of Confucianism is a very lively and down-to-earth moral principle. Besides, fiduciary duty is imposed from outside, where directors had no choice but to accept. But loyalty in the context of Confucianism is something inherent and something from within. It is a moral principle that if you deeply understand the meaning of it, you will automatically accept it as a good virtue and your conduct will naturally be guided by such a principle. Confucianism can thereby be used to fill the gap where rules and regulations cannot reach. Confucian business ethics and common law rule should be complementary to each other in the development of a Chinese corporate governance system. Originality/value – This paper is the first of its kind in discussing the relationship between the law of directors’ duties and Confucianism. It argues that Confucianism plays a crucial role in guiding the behavior of the directors and can supplement the abstract principles of directors’ duties in the context of a Chinese corporate governance system.

scholarly journals Fiduciary Law and Equity: Enforcing Loyalty

2018 ◽  
Author(s):  
Emily Sherwin
Keyword(s):  
Structural Change ◽  
The Law ◽  
A Minor ◽  
Trust Law

In this essay, I suggest that the combination of formal and remedial techniques that equity courts traditionally have applied to the problem of trustee loyalty is strongly oriented to deterrence. One consequence is that when loyalty and prudence conflict, primacy for loyalty is built into the structure of fiduciary law. It is open to courts to reduce the role of loyalty in trust law by softening the standards currently applied to trustees. A change of this type, however, would not be a minor adjustment in the law governing trustees, but would instead represent fundamental structural change.

Convergence of Corporate Governance Models

2004 ◽  
pp. 129-140 ◽  
Author(s):  
M. Tretyakov
Keyword(s):  
Corporate Governance ◽  
Institutional Environment ◽  
Driving Forces ◽  
Commodity Markets ◽  
Legal Systems ◽  
National Institutions ◽  
Governance Models ◽  
Changing Role

The article focuses on the analysis of the process of convergence of outsider and insider models of corporate governance. Chief characteristics of basic and intermediate systems of corporate governance as well as the changing role of its main agents are under examination. Globalization of financial and commodity markets, convergence of legal systems, an open exchange of ideas and information are the driving forces of the convergence of basic systems of corporate governance. However the convergence does not imply the unification of institutional environment and national institutions of corporate governance.

Pengatuan Hukum Terhadap Narkotika Jenis-Jenis Baru yang Belum Terdaftar

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Rizky Maulana Hakim
Keyword(s):  
Hazardous Materials ◽  
Legal Certainty ◽  
Next Generation ◽  
The Law

We realize that in the community, it is still close to the night world which can plunge the nation's next generation, through drinking, gambling, and especially Narcotics. There are many rules related to this problem, it is still possible that the minimum knowledge of the community is what causes users to become victims of the rigors of using drugs.In discussing this paper, we will take and discuss the theme of "Legal Certainty and Role of Laws on Narcotics (Narcotics and Drugs / Hazardous Materials) by Users and Distributors." The purpose of accepting this paper is, first, to be agreed by the reader which can be understood about the dangers that need to be discussed regarding the subjectivity of the drug itself; secondly, asking the reader to get a clue about actually addressing the urgency about the distribution of drugs; round, which is about knowing what the rules of the law and also the awareness in the surrounding community.Keywords: Narcotics, Role of Laws, Problem, Minimum Knowledge, awareness

The Role of Women in Pursuing Scottish Criminal Actions, 1580–1650

2020 ◽  
Vol 24 (2) ◽  
pp. 232-250
Author(s):  
Stephanie Dropuljic
Keyword(s):  
Early Modern ◽  
Legal History ◽  
Criminal Court ◽  
Current Understanding ◽  
The Law ◽  
Role Of Women

This article examines the role of women in raising criminal actions of homicide before the central criminal court, in early modern Scotland. In doing so, it highlights the two main forms of standing women held; pursing an action for homicide alone and as part of a wider group of kin and family. The evidence presented therein challenges our current understanding of the role of women in the pursuit of crime and contributes to an under-researched area of Scots criminal legal history, gender and the law.

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