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Full-Text Articles in Business Organizations Law
Directors And Standards: The Problem Of Insufficient Guidance, Nikolas Sopow
Directors And Standards: The Problem Of Insufficient Guidance, Nikolas Sopow
Electronic Thesis and Dissertation Repository
This thesis identifies two areas within Canadian corporate law where the case law has provided insufficient guidance, and tests the usefulness of an American theory of director liability as an aid to understanding this case law and the legislation it interprets. This theory has been termed the “implied contract approach”, and was developed by Robert J. Rhee. The two areas concern: if and when directors must consider the interests of stakeholder groups, otherwise known as the “stakeholder debate”, and when directors should be protected from personal liability when acting in the course of their duties.
Corporate Social Responsibility In Canadian Banking A Case Study On The Equator Principles, Ian Osellame
Corporate Social Responsibility In Canadian Banking A Case Study On The Equator Principles, Ian Osellame
Electronic Thesis and Dissertation Repository
This thesis considers the role of Corporate Social Responsibility (CSR) in the Canadian banking sector. Although the relevance of CSR continues to be debated, this analysis starts from the position that CSR is now a fact of life for modern banks and tests whether Canadian banks are demonstrating CSR behavior through their adoption of the Equator Principles: a series of guidelines on the management of social and environmental issues that banks voluntarily commit to follow in their project financing activities. This thesis concludes that examples of CSR behavior can be observed as Canadian banks continue to define the scope of …
Directors' Duties To Creditors - Mapping The Twilight Zone, Mehreen Rehman
Directors' Duties To Creditors - Mapping The Twilight Zone, Mehreen Rehman
Electronic Thesis and Dissertation Repository
This thesis examines Canadian corporate law to analyze whether its legal mechanisms (e.g., duty of loyalty, duty of care, derivative action, oppression etc.) are sufficient to protect creditor interests, their shortcomings and possible solutions. It argues that the risks to which creditors are exposed in Canada at the hands of directors when a company is financially distressed or insolvent demand more clear protection. It reviews available legal mechanisms under the English and Delaware corporate law to see if Canada could import anything to improve its lax creditor protection. The thesis suggests adopting wrongful trading provisions modeled on English legislation. The …
An Insightful Study Of The Oppression Remedy Under South African And Canadian Corporate Law, Natasha A. Abbey
An Insightful Study Of The Oppression Remedy Under South African And Canadian Corporate Law, Natasha A. Abbey
Electronic Thesis and Dissertation Repository
A new perspective is provided on the South African company law through the comparative analysis of a shareholders’ remedy known as the Oppression Remedy under section 163 of the Companies Act 71 of 2008 and section 241 of the Canada Business Corporations Act. Despite the introduction of the new Companies Act 71 of 2008, the statute still remains unclear as to the rights, duties and powers of each individual within a company. In an aim to address this lack of clarity, this thesis takes a “back-to-basics” approach by discussing the fundamental principles of corporate personality and majority rule. This …