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- Activist; Company; Target Controlled Company; Activism; Controlled Companies; Shareholder-Empowering; Shareholder-Empoyerment; Shareholder; Election; Minority Directors; Directors; Principal-Principal; Agency; De jure; De facto; Corporate Governance; Appointment; Board Representation; Institutional Investor; Board Representation; Controller; Non-activist; Shareholder Engagement (1)
- Pandemic; COVID-19; global; public health; economic and financial crisis; markets; corporations; directors' duty of care; fiduciary duty; small and medium-sized enterprises (SMEs); comparative law; board of directors; civil law; Anglo-American law; corporate governance; venture capital-backed firms; family business firms; United States; Delaware; United Kingdom; Germany; France; Italy; The Netherlands; Gross Domestic Product (GDP); European Union; shareholders; venture capital; capitalism (1)
Articles 1 - 2 of 2
Full-Text Articles in Other Law
Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar
Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar
Brooklyn Journal of International Law
The global COVID-19 pandemic is causing the large-scale end of life and severe human suffering globally. This massive public health crisis created a significant economic crisis and is reflected in a recession of global production and the collapse of confidence in the functions of markets. Corporations and boards of directors around the world are required to design specific strategies to tackle the negative consequences of the crisis. This is especially true for small and medium-sized enterprises (SMEs) that suffered tremendous economic loss, and their continued existence as ongoing concern is under considerable risk. Given these uncertain financial times, this Article …
Activist Shareholders At De Facto Controlled Companies, Gaia Balp
Activist Shareholders At De Facto Controlled Companies, Gaia Balp
Brooklyn Journal of Corporate, Financial & Commercial Law
Activist campaigns are likely to increasingly target controlled companies. Studies concerning activism at controlled companies focus on shareholder-empowering tools, such as the right to nominate and elect minority directors on the board, as a pathway for limiting the principal-principal agency problem. However, not enough attention has been paid to the distinction between de jure and de facto controlled companies. Building on a recent case concerning a leading Italian corporation, this Article analyzes the possible unexpected corporate governance consequences of successful activist intervention at de facto controlled companies, showing that, where minority shareholders are granted the right to appoint directors on …