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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

Simon Witney
Affiliation:
London School of Economics and Political Science
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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 Press
Print publication year: 2021

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