2019Governance DirectionsRequires access

Risk management: Revisiting the legal basis of shareholder primacy

Jason Harris

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Abstract

- To what extent is the shareholder primacy norm still relevant in Australian company law in 2019? - Recent case law recognises that the interests of shareholders are distinct from the interests of the company, and that these interests will often overlap, but that does not make them the same. - Is law reform needed to address rising community concerns about the standard of corporate conduct in Australia?

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- To what extent is the shareholder primacy norm still relevant in Australian company law in 2019? - Recent case law recognises that the interests of shareholders are distinct from the interests of the company, and that these interests will often overlap, but that does not make them the same. - Is law reform needed to address rising community concerns about the standard of corporate conduct in Australia?

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Available abstract

- To what extent is the shareholder primacy norm still relevant in Australian company law in 2019? - Recent case law recognises that the interests of shareholders are distinct from the interests of the company, and that these interests will often overlap, but that does not make them the same. - Is law reform needed to address rising community concerns about the standard of corporate conduct in Australia?

Key concepts: Shareholder primacy, Shareholder, Corporate law, Law and economics, Business, Corporate governance, Accounting, Norm (philosophy)

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