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Title: Direct and derivative shareholder suits : towards a functional and practical taxonomy
Authors: Koh, Alan K.
Tang, Samantha S.
Keywords: Business::Law::Business enterprises
Business::Law::In Asia
Issue Date: 2021
Source: Koh, A. K. & Tang, S. S. (2021). Direct and derivative shareholder suits : towards a functional and practical taxonomy. Comparative Corporate Governance, 431-453.
Project: 04MNP001989C300 
Journal: Comparative Corporate Governance 
Abstract: Shareholder litigation is an indispensable part of corporate law and governance. There is no shortage of excellent legal scholarship on various aspects of shareholder litigation from a comparative and functional perspective. Well-executed scholarly writing on comparative shareholder litigation can be informative and even enlightening for students and scholars of comparative corporate law. The goal of this chapter is to offer a taxonomy of shareholder litigation mechanisms informed by considerations relevant to a minority shareholder’s decision whether and how to proceed with a lawsuit. The central questions guiding the exposition below are these: What substantive outcomes are possible for a minority shareholder litigant, and which of these can each mechanism be used to achieve? This chapter proceeds as follows. Section 2 sets out four key considerations relevant to litigators that shape our discussion in subsequent parts. Section 3 classifies direct shareholder litigation mechanisms functionally according to whether the desired outcome is a monetary or non-monetary one. Section 4 addresses derivative litigation. Section 5 concludes.
ISBN: 9781788975339
ISSN: 9781788975322
DOI: 10.4337/9781788975339.00032
Schools: Nanyang Business School 
Rights: © 2021 The Editors and Contributors severally. All rights reserved.
Fulltext Permission: none
Fulltext Availability: No Fulltext
Appears in Collections:NBS Journal Articles

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