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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
  • Simon Witney, London School of Economics and Political Science
  • Book:
    Corporate Governance and Responsible Investment in Private Equity
    Published online:
    16 November 2020
    Print publication:
    07 January 2021, pp 95-106

  • 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.