Enforcement of Actions in Corporate Law by Non-Shareholder Constituencies
Lessons for the Common Law World from South Africa
Enforcement of Actions in Corporate Law by Non-Shareholder Constituencies
Lessons for the Common Law World from South Africa
Description
Enforcement of Actions in Corporate Law by Non-Shareholder Constituencies: Lessons for the Common Law World from South Africa advocates for a complementary enforcement regime for the current (and proposed) corporate legislative measures in the Anglo-American corporate law. Doing so would empower non-shareholder interests in corporate decision-making. Mongalo argues that corporate legislative initiatives ought to provide for non-shareholder constituencies' considerations in decision-making within corporate entities, and that failure to enforce such frameworks reduces the law to lip service. By offering a comprehensive critique of corporate constituency statutes and benefit corporation statutes in US and the enlightened shareholder value approach in the UK, Mongalo makes the case that a shift from the current enforcement philosophy in Anglo-American jurisdictions-which is based on the preference of those to whom fiduciary duties are currently owed-is necessary and that the Actionable Enlightened Shareholder Value (AESVA), with its origins in South Africa, should be preferred.
Table of Contents
Chapter 2: Comparative Analysis
Chapter 3: The Legal Basis for Protection of Company's Legal Interests
Chapter 4: The Enforcement Framework under the 2008 Companies Act
Product details
| Published | Dec 15 2024 |
|---|---|
| Format | Ebook (PDF) |
| Edition | 1st |
| Pages | 292 |
| ISBN | 9781978792616 |
| Imprint | Lexington Books |
| Illustrations | 1 BW Illustration |
| Publisher | Bloomsbury Publishing |
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