10@12 Series : CORPORATE GOVERNANCE – THE REALITY
23rd June 2023
What corporate governance means in practice depends on how it can be enforced. There are various methods: (1) by private individuals and companies and (2) by public bodies; and, in each case, with or without Court proceedings.
David Mabb K.C. will talk about a number of those methods. In the course of that he will draw attention to a current point of controversy in relation to the member’s personal claim based on the company’s constitution; and will suggest the potential value for corporate governance of declaratory relief.
The talk will be of potential interest both to corporate lawyers and to litigators.
10 points that will be covered :
(A) Introduction
1. What is corporate governance?
2. How is it enforced?
2.1 Private/public enforcement
2.2 Enforcement with/without Court proceedings
(B) Private enforcement without Court proceedings
3.Voting of shares; sale of shares/change of control
(C) Private enforcement with Court proceedings
4.Minority shareholder proceedings and personal actions
5.Remedies including declaratory relief
6.Insolvency litigation
(D) Enforcement by public bodies with or without Court proceedings
7. The Financial Conduct Authority
8.The Financial Reporting Council
9.The Takeover Panel
10.The Department for Business and Trade
