Public interest in the regulation of the small private limited company – the dwindling role of mandatory rules in English company law

This Chapter considers the extent to which the regulation of small private limited companies in the UK, as prescribed by the Companies Act 2006, is a matter of private ordering and personal autonomy rather than standard setting in the public interest. Three distinct aspects of company regulation, namely the statutory framework, directors’ duties and the unfairly prejudicial remedy, are examined to see if it is possible to discern any acknowledged public interest in the regulation of small private limited companies or whether the regulatory space has been abandoned to the parties' interests.