Book contents
- Corporate Governance and Responsible Investment in Private Equity
- International Corporate Law and Financial Market Regulation
- Corporate Governance and Responsible Investment in Private Equity
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Introduction
- Part I How Should Private Equity Governance Systems Look?
- Part II What Actually Happens?
- Part III Corporate Governance Regulation in the United Kingdom and Private Equity’s Response
- 5 The Relevance of Business Judgment Regulation
- 6 Dealing with the Duties to Avoid and Disclose Conflicts of Interest
- 7 Rules Affecting the Exercise of Power by Shareholders and Their Nominated Directors
- 8 Recent Corporate Governance Reforms, Best Practice Codes and Their Impact
- Part IV How Governance Can Affect Corporate Performance
- Bibliography
- Index
5 - The Relevance of Business Judgment Regulation
from Part III - Corporate Governance Regulation in the United Kingdom and Private Equity’s Response
Published online by Cambridge University Press: 16 November 2020
- Corporate Governance and Responsible Investment in Private Equity
- International Corporate Law and Financial Market Regulation
- Corporate Governance and Responsible Investment in Private Equity
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Introduction
- Part I How Should Private Equity Governance Systems Look?
- Part II What Actually Happens?
- Part III Corporate Governance Regulation in the United Kingdom and Private Equity’s Response
- 5 The Relevance of Business Judgment Regulation
- 6 Dealing with the Duties to Avoid and Disclose Conflicts of Interest
- 7 Rules Affecting the Exercise of Power by Shareholders and Their Nominated Directors
- 8 Recent Corporate Governance Reforms, Best Practice Codes and Their Impact
- Part IV How Governance Can Affect Corporate Performance
- Bibliography
- Index
Summary
This chapter first considers the basic structure of company law, and then looks at private equity structures in light of UK rules that prioritise the interests of the company over those of particular shareholders or their appointed director representatives.In particular, it considers the duty to promote the success of the company and the duty to exercise independent judgment – both applicable to company directors in UK law on an apparently mandatory basis.It considers some contractual responses to these rules, including some that are not currently commonly adopted.
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- Publisher: Cambridge University PressPrint publication year: 2021