Apex Publications Services
Block 153 Lorong 2 Toa Payoh, #10-608, Singapore 310153
Tel: +065 6258 8508 Fax: +065 6528 5538
Email: apexps@pacific.net.sg
Reg. No.: 5066 9400C
[HOME] [SECOND HAND] [SUBSCRIPTION] [EXTERNAL LLB TITLES] [TERMS & CONDITIONS] [CONTACT US]
  Top » Catalog » Company & Corporate Law » Log In |  Cart Contents  |  Checkout | 
Categories
2nd Hand Sets / Books / Odd Volumes

Accountancy & Taxation (incl Revenue Law)

Air & Space Law

Annual Taxation Editions

Arbitration & Mediation

Architect / Building / Construction / Property

Banking & Finance

Butterworths Handbooks

Butterworths Major Works Reissue Volumes

Charities

Commercial Law

Common Law Library Series

Company & Corporate Law

Competition Law

Computer, IT & Internet Law

Contract Law

Court Practice

Criminal Law

Defamation

Education Law

Employment & Labour Law

Energy (Oil & Gas) Law

English Legal System

Environmental Law

Evidence

External LLB Titles

Family Law

Forensic Medicine & Science & Forensic

General - Law

HR Related Titles

Human Rights

Insolvency (Bankruptcy)

Insurance Law

Intellectual Property Law

International Law

International Trade

Journals - Others

Jurisprudence

Land Law & Landlord & Tenant

Libel & Slander

Litigation

Major Works

Media & Entertainment Law

Medico-Legal & Medical Ethics

Partnership Law

Personal Injury

Pharmaceutical - Law & Related Titles

Practice & Procedure & Legal Skills

Property Law

Reference - Law

Reference - Others

Shipping, Transport & Maritime Law

Sport Law

Statutory Interpretation & Legislative Drafting

Subscriptions / Journals - Law

Tort Law

Wills & Probate (including Trusts)
Notifications more
NotificationsNotify me of updates to Derivative Actions and Corporate Governance, 2007
Information
Terms & Conditions
Shipping & Returns
Privacy
About Us
Contact Us
2nd Hand
Ebay Singapore
Derivative Actions and Corporate Governance, 2007  $247.50 

By Arad Reisberg

Description
  • The first book providing a detailed and theoretical explanation of the law governing derivative actions
  • The most comprehensive commentary and practical assessment available of the new UK regime governing derivative actions under the Companies Act 2006
  • Provides comparative analysis and a new conceptual framework and roadmap for future discussion on derivative actions across jurisdictions
  • Lays out clear guidelines for designing effective regulatory measures where derivative actions are used to enforce the law

This volume examines the circumstances in which a shareholder can bring an action on behalf of a company (a derivative action), exploring how this remedy may be used to ensure good corporate governance, and laying out a theoretical framework and practical guidance for future development of the law.

Derivative actions are an important aspect of the continuing debate about corporate governance in the UK, the US and many other jurisdictions worldwide. This book offers a conceptually inclusive approach to thinking about derivative actions by providing a detailed and clear overview, commentary, and a theoretical explanation of the law governing derivative actions in the corporate governance context.
Reisberg provides a fundamental reassessment of the nature and objectives of the derivative action, and conceptualizes a new nodel of the derivative action mechanism. He argues that action should be taken in three areas:

(1) conceptual (adoption of a new framework- the 'Functional and Focused Model' set out in the book)

(2) strategic (employment of appropriate incentives and fee rules which advance the premises behind the Model)

(3) maintaining doctrinal consistency (clarification of the interaction between the derivative action and other remedies available to
shareholders)

This book offers practical guidance on solving current problems in many jurisdictions based on case law, and on substantive legal, economic, and comparative research. It also provides a comprehensive and detailed analysis and commentary on the regime governing derivative actions under Part 11 of the Companies Act 2006 in the UK.

Contents

PREFACE

SUMMARY CONTENTS

TABLE OF CONTENTS

TABLE OF CASES

TABLE OF STATUTES

GLOSSARY OF TERMS

A BIRD'S EYE VIEW OF THE FUNCTIONAL AND FOCUSED MODEL

INTRODUCTION

0.1 BACKGROUND

0.2 THE PRIMARY OBJECTIVES OF THE BOOK

0.3 THE DERIVATIVE ACTION- A UNIQUE PROCEDURE?

0.4 PUBLIC AND PRIVATE COMPANIES

0.5 THE NEW PROPOSED FRAMEWORK ADVANCED BY THE BOOK

0.6 AN OVERVIEW OF THE BOOK

PART I: THEORY AND PRACTICE ANALYSIS

1. SHAREHOLDER LITIGATION

1.1 INTRODUCTION

1.2 SHAREHOLDER LITIGATION AND CORPORATE GOVERNANCE

1.3 ALTERNATIVE DEVICES TO CONTROL AGENCY COSTS

1.4 DERVATIVE ACTION VERSUS MARKET FORCES

1.5 CONCLUSION

2. THE CHOICE OF RATIONLES AND THE SOCIAL MEANNING OF DERIVATIVE ACTIONS

2.1 INTRODUCTION

2.2 MERITS AND DEMERITS OF DERIVATIVE ACTIONS

2.3 THE CHOICE OF RATIONALES: DETERRENT VERSUS COMPENSATION

2.4 UNDERSTANDING THE SOCIAL MEANING OF DERIVATIVE ACTIONS

2.5 CONCLUSION

3. THE DIFFICULTIES WITH CONFERRING RIGHTS ON SHAREHOLDERS TO LITIGATE

3.1 INTRODUCTION

3.2 CAN A SHAREHOLDER ADEQUATELY REPRESENT THE COMPANY?

3.3 THE COMMON LAW RESPONSE

3.4 POLICY EVALUATION: OLD MYTHS AND NEW REALITIES

3.5 CONCLUSION

PART II: MAKING DERIVATIVE ACTIONS WORK

4. THE WAY TO REFORM AND A NEW STATUTORY DERIVATIVE ACTION: MUCH ADO ABOUT NOTHING?

4.1 INTRODUCTION

4.2 DEFICIENCIES IN THE PRESENT LAW AND THE APPROACH TO REFORM

4.3 A NEW STATUTORY DERIVATIVE ACTION (under the Companies Act 2006)

4.4 AN ASSESSMENT OF THE LIKELY IMPACT OF THE NEW REGIME

4.5 CONCLUSION

5. A PROPOSED MODEL FOR DERIVATIVE ACTIONS: THE FUNCTIONAL AND FOCUSED MODEL (FFM)

PART I: THE FOUNDATIONS

5.1 INTRODUCTION

5.2 THE ROLE OF DERIVATIVE ACTIONS IN A CHANGING MENU OF GOVERNANCE

5.3 THE DERIVATIVE ACTION AS A CONSTRAINT ON MANAGEMENT MISCONDUCT

5.4 SYNTHESIS - THE FUNCTIONAL AND FOCUSED MODEL

PART II: FFM - PROCEDURAL AND SUBSTANTIVE ASPECTS

5.5 CONCLUSION

6. FUNDING DERIVATIVE ACTIONS: COSTS AND FEES AS INCENTIVES TO COMMENCE LITIGATION

6.1 INTRODUCTION

6.2 THE ECONOMICS OF DERIVATIVE ACTION LITIGATION

6.3 A RE-EXAMINATION OF INDEMNITY COSTS ORDERS

6.4 CONCLUSION

7. PURSUING THE RESOLUTION OF THE FUNDING PROBLEM

7.1 INTRODUCTION

7.2 MENU OF OPTIONS: SOLUTIONS INVOLVING THE COMPANY AND THE SHAREHOLDER

7.3 SOLUTIONS INVOLVING THE PLAINTIFF'S ATTORNEY

7.4 INTRODUCING CONTINGENCY FEES FOR DERIVATIVE ACTIONS?

7.5 CONCLUSION

8. THE INTERRELATIONSHIP BETWEEN THE DERIVATIVE ACTION AND THE UNFAIR PREJUDICE REMEDY

8.1 INTRODUCTION

8.2 THE INTERRELATIONSHIP BETWEEN THE DERIVATIVE ACTION AND THE UNFAIR PREJUDICE REMEDY

8.3 THE CASE FOR RETAINING TWO SEPARATE REMEDIES

8.4 THE WAY FORWARD - PRACTICAL STEPS

8.5 CONCLUSION CONCLUSION AND FUTURE DIRECTIONS BIBLIOGRAPHY

APPENDIX A: COMPANIES ACT 2006

PART 11 CHAPTER

1 INDEX

Publisher:  oup
ISBN/ISSN:  978-0-19-920489-2
Binding:  Hardcover
Pages:  368

All prices are in SingDollars. Prices are subject to change without prior notice. Overseas' orders, please email, fax or call us for packing & postage charges unless otherwise stated.
This product was added to our catalog on Thursday 28 February, 2008.
Reviews Add to Wishlist
Quantity:     
Shopping Cart more
0 items
Your Account
Your Email Address
Your Password
Tell A Friend
 
Tell someone you know about this product.
Specials more
How To Get & Keep Good Clients 3ed, 2008 (with CD-Rom)
How To Get & Keep Good Clients 3ed, 2008 (with CD-Rom)
 $350.00  $170.00 
Latest products more
Goff & Jones: The Law of Unjust Enrichment 9ed (2016)
Goff & Jones: The Law of Unjust Enrichment 9ed (2016)
 $710.00 
Featured more
Carriage of Goods by Sea 2ed, 2011
Carriage of Goods by Sea 2ed, 2011
 $375.00 
Currencies
Advance Search
 
Use keywords to find the product you are looking for.
Advertise
JAF Consulting
Advertise
JAF Consulting


Copyright © 2003 Oscommerce and CRE Loaded Team
Powered by Oscommerce Supercharged by CRE Loaded Team
Using Version CRE Loaded v6.2 B2B