Results 61 to 70 of about 4,314 (300)
Reclaiming Fiduciary Duty Balance
, 2011 Fundamental fiduciary principles have survived intact for centuries, yet their interpretation has been dynamic. Given changes over the past few decades in global economic, capital management, and market structures, we appear to be at another inflection ...
Waitzer, Edward J. +2 more
core
Socially Responsible Investing: Is Your Fiduciary Duty at Risk?
advisor, fiduciary, fiduciary duty, fiduciary liability, investment advisor, socially responsible investing, ethical investing,
William Martin
core +1 more source
Regulatory Convergence and Divergence in ESG Reporting in the Indo‐Pacific Region
Corporate Social Responsibility and Environmental Management, EarlyView.ABSTRACT Environmental, social, and governance (ESG) reporting has evolved significantly globally over the past few decades. Many countries are now signatories to international agreements such as the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement, with increasing commitments to emissions reduction targets and the
Michele John +6 more
wiley +1 more source
International Insolvency Review, EarlyView.Abstract This paper conducts a comparative legal analysis of corporate restructuring frameworks in England and Bhutan, examining their capacity to integrate climate variability considerations and promote sustainable business practices. It discusses the procedural mechanisms for restructuring financially distressed enterprises available under the law of
Eugenio Vaccari, Migmar Lham
wiley +1 more source
The Critical Resource Theory of Fiduciary Duty
, 2002 This Article proposes a new theory to unify the law of fiduciary duty. The prevailing view holds that fiduciary law is atomistic, arising for varied reasons in established categories of cases (such as trustee-beneficiary and director-shareholder) and ad ...
Smith, D. Gordon
core
Subordination of related party claims in insolvency: A suggestive framework for Asian regimes
International Insolvency Review, EarlyView.Abstract Related party loans, due to their inherent nature, warrant a higher threshold for scrutiny when compared to loans extended by unrelated parties. Why were these monies advanced as loans, carrying higher priority in insolvency, rather than being invested as share capital?
Aditya Jain, Dhanya Jha, Rebecca Parry
wiley +1 more source
Sprouting fiduciary duty of honesty and fidelity: Companies Act 2006
, 2009 Directors’ duties have been well established in case law. The case law is by no means a black-letter law on which duty is of fiduciary nature. Arguably, one of the purposes of statutory codification serves to this end.
Hsiao, Mark
core
Green swans and blue skies: Climate change and insolvency risk for financial institutions
International Insolvency Review, EarlyView.Abstract This lecture in honour of the late Gabriel Moss QC and Ian Fletcher QC examines the challenge of climate‐related financial risk. Prudential regulators and central banks recognize that the systemic nature of climate‐related financial risk makes it an emerging vulnerability relevant to cross‐border insolvency resolution.
Janis Sarra
wiley +1 more source
One Duty to All: The Fiduciary Duty of Impartiality and Stockholders’ Conflict of Interest
, 2020 Delaware precedent, primarily Trados and ODN, holds that corporate boards of directors owe fiduciary duties to holders of corporation common stock and not to holders of preferred stock.
Nir, Shachar
core +1 more source
The prevention of conflict of interest as a fiduciary duty in South African Company Law [PDF]
, 2020 Mini Dissertation (LLM (Corporate Law))--University of Pretoria 2020.First, the nature, ambit and effect of the director’s fiduciary duty to prevent conflict of interest (“the fiduciary duty”) as it is statutorily set out in the Companies Act 71 of 2008 (
core