
Contents
-
-
-
-
-
-
-
-
-
-
I Self-Interested Transactions I Self-Interested Transactions
-
The Fiduciary Principle in Theory The Fiduciary Principle in Theory
-
The Invalidation of Self-interested Transactions The Invalidation of Self-interested Transactions
-
Shareholder Consent Shareholder Consent
-
-
The Fiduciary Principle in Practice The Fiduciary Principle in Practice
-
Ousting the Fiduciary Principle Ousting the Fiduciary Principle
-
Statutory Restoration of the Fiduciary Principle Statutory Restoration of the Fiduciary Principle
-
Problems with Shareholder Consent Problems with Shareholder Consent
-
Enforcement of the Fiduciary Principle Enforcement of the Fiduciary Principle
-
-
-
II Directors’ Terms of Employment and Remuneration II Directors’ Terms of Employment and Remuneration
-
Statutory Controls Statutory Controls
-
The Level of Remuneration The Level of Remuneration
-
The Problems of Setting and Monitoring the Level of Remuneration The Problems of Setting and Monitoring the Level of Remuneration
-
-
-
III Corporate Opportunities III Corporate Opportunities
-
The Application of the Fiduciary Principle The Application of the Fiduciary Principle
-
The Fairness and Efficiency of the Controls The Fairness and Efficiency of the Controls
-
The Application of the Rules to Non-executive Directors The Application of the Rules to Non-executive Directors
-
-
Shareholder Consent Shareholder Consent
-
-
IV Conclusion IV Conclusion
-
-
-
-
-
-
-
-
Cite
Abstract
This chapter illustrates that the current governance structure, involving no independent element between management and the dispersed and largely passive body of shareholders, creates considerable difficulties for the effective regulation of self-dealing. It concentrates on the legal controls on self-dealing. It begins by looking at transactions with the company in which a director has an interest, and at directors' service contracts, which are a sub-category of self-interested transactions, but these raise special problems of their own. It then addresses the exploitation by managers of corporate opportunities. It has been suggested that for the proper management of directors' conflicts of interest there needs to be a body that is able to give consent in appropriate cases to self-interested transactions and to determine directors' terms of service, and also to enforce the fiduciary principle.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 8 |
November 2022 | 8 |
December 2022 | 4 |
January 2023 | 3 |
February 2023 | 7 |
March 2023 | 4 |
April 2023 | 8 |
May 2023 | 3 |
June 2023 | 6 |
July 2023 | 3 |
August 2023 | 2 |
September 2023 | 1 |
October 2023 | 8 |
November 2023 | 3 |
December 2023 | 6 |
January 2024 | 6 |
February 2024 | 1 |
March 2024 | 3 |
April 2024 | 5 |
May 2024 | 7 |
June 2024 | 3 |
July 2024 | 3 |
August 2024 | 3 |
September 2024 | 1 |
October 2024 | 5 |
November 2024 | 2 |
December 2024 | 8 |
January 2025 | 10 |
March 2025 | 2 |
April 2025 | 4 |
May 2025 | 1 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.