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Compose a 3000 words essay on Advanced company law: The enlightened shareholder value principle is a sophisticated restatement rather than a refutation of the principle of shareholder primacy. Needs t
Compose a 3000 words essay on Advanced company law: The enlightened shareholder value principle is a sophisticated restatement rather than a refutation of the principle of shareholder primacy. Needs to be plagiarism free!
With this background, this paper makes an attempt to analyze the historical background and the present position as per the CA 2006.1
Development of this concept can be traced to Company Law Review (CLR) which started in March 1998 and ended with the Final Report given in June 2001 followed by various stages in parliamentary proceedings and the enactment of CA 2006 in November 2006. And the provisions for directors’ duties of the act came into force with effect from 1 October 2007. The Company Law Review addressed the issue of in whose interests of companies should be run. The review’s final report was of the view that directors duties rested with the basic goal of the acting for the success of the company in the collective best interests of the shareholders. Thus, enactment stipulated that a director should “act in the way he considers, in good faith, would be most likely to promote the success of the company for the benefit of its members as a whole though the directors must also have regard to a range of other interests including employees, the community, and the environment2
Now the question is whether directors’ decision making is really on the enlightened shareholder model or stake-holder oriented model. It is argued that stakeholder oriented governance has some merits and therefore worth pursuing. But disregarding shareholder-oriented governance model can be misleading and not