Shareholders' Rights & Remedies

The course will examine at an advanced level the rights and duties of company shareholders. In doing so the course will critically examine, from a comparative perspective, the division of power between the various organs of the modern company and the underlying policy of the law with regard to shareholders rights. The course will also key in on topical issues such as the effectiveness of shareholders’ rights, enabling v mandatory theories of shareholders’ rights, the statutory derivative action and its effectiveness and the role of the company in shareholder litigation. Finally, it will look at international developments including institutional shareholder activism.

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