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Anand, Anita; Puskas, Christopher --- "Legal and economic rationales for shareholder duties and their enforcement" [2019] ELECD 278; in Birkmose, S. Hanne; Sergakis, Konstantinos (eds), "Enforcing Shareholders’ Duties" (Edward Elgar Publishing, 2019) 17

Book Title: Enforcing Shareholders’ Duties

Editor(s): Birkmose, S. Hanne; Sergakis, Konstantinos

Publisher: Edward Elgar Publishing

ISBN: 9781788114868

Section: Chapter 2

Section Title: Legal and economic rationales for shareholder duties and their enforcement

Author(s): Anand, Anita; Puskas, Christopher

Number of pages: 22

Abstract/Description:

As shareholder activism influences corporate decision making more and more, the question of whether shareholders, particularly those with a controlling interest, should owe fiduciary duties to other shareholders has become an increasingly conspicuous one in corporate law. The law is certain that directors and senior managers owe a duty of loyalty to the corporation but it remains unsettled regarding duties between the shareholders themselves. This chapter focuses on the duties among shareholders inter se and considers when, if ever, such a fiduciary duty is appropriate.