Country Reviews of Provisions and Practices Covering Related Party Transactions and Protection of Minority Shareholder Rights

Author(s):  
Kenneth A. Kim ◽  
John R. Nofsinger ◽  
Pattanaporn Kitsabunnarat-Chatjuthamard

2011 ◽  
Vol 9 (1) ◽  
pp. 60-71 ◽  
Author(s):  
Mohammad Tareq ◽  
Sheila Bellamy ◽  
Clive Morley

This research investigates recent international reforms of minority shareholder rights (MSRs), and the relationship between those reforms and national legal systems. No previous studies have investigated such changes and their underlying causes; nor have they viewed the phenomena concerned through a dynamic lens. The study uses secondary data from 142 countries over a five-year period (2006-2010). Using growth curve modelling and the panel data method, the study finds that legal systems and law enforcement affect reforms positively. On average, countries’ MSRs are improving, but this is not consistent across nations. The findings contribute to the current debate on the relationship of law to minority shareholder protection and will assist policy-makers in the area of investor protection reforms. Future research directions are suggested at the end of the paper.


2021 ◽  
Author(s):  
Andreas Roth

With the adoption of the new Shareholder Rights Directive, the European legislator has, after an intensive debate, enacted harmonized rules for the regulation of Related Party Transactions, which have been incorporated into German law with the implementation of the ARUG II. This thesis takes a critical look at the new regulatory concept by first elaborating the over-positive aspects of the regulation of Related Party Transactions and then evaluating the European rules and their national implementation against the background of a comparative legal analysis of previous institutions under German and British law.


2018 ◽  
Vol 20 ◽  
pp. 88-115 ◽  
Author(s):  
Deirdre AHERN

AbstractThrough the lens of assessing the likely regulatory impact of the 2017 EU Directive on Long-term Shareholder Engagement and its amendments to the 2007 Directive on Shareholder Rights, this article considers the mythical voice and stewardship role attributed by the EU to shareholders as active corporate governance gatekeepers and drivers of its long-term sustainability agenda. It identifies limitations of the Directive itself and practical challenges concerning the provisions on shareholder identification, executive pay, related party transactions, proxy advisors and shareholder engagement policies. It is argued that there is a considerable normative gap between the EU narrative of engagement and the challenge of engaging shareholders away from self-interest and rational apathy to fulfil a stewardship role.


2006 ◽  
Vol 211 (10) ◽  
pp. 49-60
Author(s):  
Alina Szewc-Rogalska

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