A Theory of Shareholder Activism and its Place in Corporate Law

2015 ◽  
Author(s):  
Bernard S. Sharfman
Keyword(s):  
Shareholder Activism ◽  
Corporate Law

Shareholder activism in Indonesia: revisiting shareholder rights implementation and future challenges

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ulya Yasmine Prisandani
Keyword(s):  
Corporate Governance ◽  
Shareholder Activism ◽  
Legal Framework ◽  
Corporate Law ◽  
Minority Shareholders ◽  
Empirical Observation ◽  
Content Type ◽  
Shareholder Protection ◽  
Future Challenges ◽  
Laws And Regulations

Purpose This paper aims to elaborate on the extent to which the Indonesian legal framework has provided room for shareholder activism and the extent to which shareholder activism has been implemented in Indonesia. Design/methodology/approach This study combines normative and empirical legal research methods. Indonesian laws and regulations are analyzed aside from the analysis of empirical data and court decisions on shareholder activism implementation. Findings Indonesian laws and regulations have accommodated shareholders’ activism and shareholders have started to rectify mismanagement and abuse of power that causes loss to the company through derivative lawsuits. Despite this, Indonesian shareholders are still passive, shown by the number of questions asked in the general meetings of shareholders despite the high attendance percentage. Shareholders have also formed associations to gather more influence on the company’s decision-making process. Research limitations/implications The empirical observation in this study was limited to LQ45 companies of the February to July 2021 period. This study can be useful to improve corporate governance and corporate communication in a company to encourage higher participation of individual/minority shareholders. This study also serves as an extension to numerous studies on shareholder protection, corporate governance and corporate law in Indonesia. Originality/value Study on shareholder activism in Indonesia is still rare, despite the rising urgency of company supervision and monitoring to prevent mismanagement. To fill in that gap, this research hopes to initiate discussion on shareholder activism in relation to shareholder protection, corporate governance and corporate law implementation.

Shareholder Democracy and Shareholder Activism

2019 ◽  
pp. 35-52
Author(s):  
Anita Indira Anand
Keyword(s):  
Corporate Governance ◽  
Capital Structure ◽  
Hedge Fund ◽  
Shareholder Activism ◽  
Institutional Investor ◽  
Corporate Law ◽  
Important Concept ◽  
Shareholder Democracy ◽  
Significant Block ◽  
Advocacy Role

This chapter examines shareholder-driven corporate governance (SCG) through the twin concepts of shareholder democracy and shareholder activism. Taken together, these concepts are the vehicle through which SCG takes effect in practice. The term activist investor describes an institutional investor that seeks value-enhancing changes in the leadership, governance, capital structure, or strategy and operations of a corporation in which it is invested. There are two basic types of activism: offensive activism, in which a hedge fund takes over a poorly performing firm and then reforms it to enhance its performance; and defensive activism, in which the activist institution takes on an advocacy role when it is unhappy with a corporation of which it already holds a significant block. Meanwhile, shareholder democracy refers to the ability of shareholders to influence the corporation through their votes. It is an important concept in corporate law, one that underpins the legitimacy of shareholder activism.

Contemporary Australian Corporate Law

2017 ◽  
Author(s):  
Stephen Bottomley ◽  
Kath Hall ◽  
Peta Spender ◽  
Beth Nosworthy
Keyword(s):  
Corporate Law

Is Carl Icahn Good for Long-Term Shareholders? A Case Study in Shareholder Activism

CFA Digest ◽  
2011 ◽  
Vol 41 (2) ◽  
pp. 14-16
Author(s):  
Chirag B. Patel
Keyword(s):  
Shareholder Activism ◽  
Good For

Can Multinational Corporations be responsible for human rights violation of its outsourcee company? Response of national or international law?

2020 ◽  
Vol 20 (1) ◽  
pp. 153-179
Author(s):  
Alessandro Suppa ◽  
Pavel Bureš
Keyword(s):  
Human Rights ◽  
International Law ◽  
Multinational Corporations ◽  
Corporate Law ◽  
International Economy ◽  
Due Diligence ◽  
Business And Human Rights ◽  
Original Question ◽  
Definition Of ◽  
Human Rights Violation

SummaryNowadays, an important role in the world is played by Multinational Corporations (MNCs). They hire, produce, and influence the international economy, but also, they exploit, pollute. Their business activities might have a worldwide effect on human lives. The question of the responsibility of MNCs has drawn the attention of many scholars, mainly from the study field labelled “Business and Human Rights”. The present paper does not examine the topic under the same approach. The authors aim at presenting the issue in a broader perspective, exploring the concept of due diligence both in international and corporate law. In this paper, authors strategically use the uniformity of national legislations as a possible and alternative solution to the issue. They are aware of three fundamental factors: 1) the definition of MNCs needs to be as clear as possible, so to avoid any degree of uncertainty; 2) the outsourcing phenomenon interacts with that definition; 3) in case of no possibility to include outsourcing in the definition of MNC, the original question arises in a significant way.

Corporate Law: Legal Organization of Corporate Systems : Monograph

2020 ◽  
Author(s):  
V.A. Laptev
Keyword(s):  
Corporate Law

‘Turning Human Beings into Lawyers’

2018 ◽  
Vol 2 (2) ◽  
pp. 99-104
Author(s):  
Insa Koch
Keyword(s):  
Financial Regulation ◽  
Legal Culture ◽  
Corporate Law ◽  
Customary Law ◽  
Immigration Law ◽  
Legal Anthropology ◽  
Human Beings ◽  
Legal Practice ◽  
The World ◽  
Cultural Experts

Does anthropology matter to law? At first sight, this question might seem redundant: of course, anthropology matters to law, and it does so a great deal. Anthropologists have made important contributions to legal debates. Legal anthropology is a thriving sub-discipline, encompassing an ever-increasing range of topics, from long-standing concerns with customary law and legal culture to areas that have historically been left to lawyers, including corporate law and financial regulation. Anthropology’s relevance to law is also reflected in the world of legal practice. Some anthropologists act as cultural experts in, while others have challenged the workings of, particular legal regimes, including with respect to immigration law and social welfare.

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