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6 - Dealing with the Duties to Avoid and Disclose Conflicts of Interest

from Part III - Corporate Governance Regulation in the United Kingdom and Private Equity’s Response

Published online by Cambridge University Press:  16 November 2020

Simon Witney
Affiliation:
London School of Economics and Political Science
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Summary

This chapter considers the considerable theoretical difficulties posed by the UK duties to avoid conflicts of interest (Section 175 and Section 177 of the UK Companies Act). The chapter also looks at the common contractual responses to these rules and examines some theoretical problems with them.There is also an exploration of whether these theoretical problems are ever likely to create real-world problems, and suggests some ways to mitigate them, and some suggestions for policymakers.

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Publisher: Cambridge University Press
Print publication year: 2021

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