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This book reconceptualises the role of the general meeting and shareholders in the listed companies in four leading common law jurisdictions in Asia (Singapore, Hong Kong, India and Malaysia) as one that should include fiduciary duties. It demonstrates why, when, by whom and how fiduciary duties should be imposed and how they could be enforced. In so doing, it refutes the long-standing common law rule that shareholders can generally vote as they please. The book advances the debate on a central notion of corporate law, namely, the interests of the company. It addresses the deficiencies in the law regulating conflicts of interest involving controlling shareholders and institutional shareholders and provides solutions to the problem of activist and passive minority institutional investors. This book challenges us to rethink the meaning and implementation of the long-term success of the company and shows how corporate governance should and could be made.
Stockholders --- Investors --- Shareholders --- Capitalists and financiers --- Corporation law --- Corporations --- Stocks --- Legal status, laws, etc. --- Investor relations
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This is the first book to provide a comparative and critical analysis of why and how six corporate mechanisms - (1) sustainability reporting; (2) board gender diversity; (3) constituency directors; (4) stewardship codes; (5) directors' duty to act in the company's best interests; and (6) liability on companies, shareholders and directors - have been or can be used to promote sustainability in the four leading common law jurisdictions in Asia (Singapore, Hong Kong, India and Malaysia). A central challenge is, whether and if so, how the corporate mechanisms should be reconceptualised to promote sustainability in an environment that is characterised by controlling shareholders, particularly the government in state-owned enterprises. Because controlling shareholders are the norm for the majority of the world's companies, and state-owned enterprises play a significant role, this book has important insights on the problems and prospects of advancing sustainability in concentrated and mixed ownership jurisdictions.
Corporate governance --- Governance, Corporate --- Industrial management --- Directors of corporations --- Law and legislation
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Social enterprises are regarded as a vital solution to the pressing problem of socio-economic inequality and play a crucial role in the delivery of public goods and services. Ernest Lim argues that social enterprises in four leading Asian jurisdictions - India, Hong Kong, Singapore and Malaysia - should have a new legal form. This entails advancing a nuanced and comprehensive framework consisting of five criteria: (1) corporate purpose; (2) directors' duties; (3) decision-making powers; (4) reporting, impact measurement and certification; and (5) distribution of dividends, assets, and tax benefits. This invaluable work demonstrates that the existing legal forms in common law Asia, the UK and the US do not properly address the various conflicts of interest affecting social enterprises. An essential read for those interested in understanding and evaluating the laws and regulations on social enterprises, as well as designing and implementing creative ones to protect and promote these important businesses.
Business enterprises --- Social responsibility of business --- Nonprofit organizations --- Social entrepreneurship --- Entrepreneurship --- Corporations, Nonprofit --- Non-profit organizations --- Non-profit sector --- Non-profits --- Nonprofit sector --- Nonprofits --- Not-for-profit organizations --- NPOs --- Organizations, Nonprofit --- Tax-exempt organizations --- Associations, institutions, etc. --- Business --- Corporate accountability --- Corporate responsibility --- Corporate social responsibility --- Corporations --- CSR (Corporate social responsibility) --- Industries --- Social responsibility, Corporate --- Social responsibility of industry --- Business ethics --- Issues management --- Business organizations --- Businesses --- Companies --- Enterprises --- Firms --- Organizations, Business --- Law and legislation --- Social responsibility --- Social aspects
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AI appears to disrupt key private law doctrines, and threatens to undermine some of the principal rights protected by private law. The social changes prompted by AI may also generate significant new challenges for private law. It is thus likely that AI will lead to new developments in private law. This Cambridge Handbook is the first dedicated treatment of the interface between AI and private law, and the challenges that AI poses for private law. This Handbook brings together a global team of private law experts and computer scientists to deal with this problem, and to examine the interface between private law and AI, which includes issues such as whether existing private law can address the challenges of AI and whether and how private law needs to be reformed to reduce the risks of AI while retaining its benefits.
Artificial intelligence --- Civil law. --- Civil law --- Law and legislation. --- Law and legislation
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Climate change is widely recognised as one of society's most profound challenges. In facing that challenge, the role of businesses is central. Corporations have a crucial role to play in mitigating climate change by reducing their net emissions and by driving the innovation and adaptation that are necessary to bring about a net zero economy. This volume brings together leading thinkers to evaluate the contribution that business law has made, and could make, to help drive such change.The contributions are organized under 4 broad themes:* Climate Change Disclosures and Net Zero Commitments* Climate Change: Exit or Voice* Climate Change in the Boardroom* Climate Change in the Courtroom
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