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Self-Dealing, Fair Dealing and Related Party Transactions—History, Policy and Reform

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Abstract:

The law on self dealing, fair dealing and related party transactions has a long and complex history and different approaches have been adopted by common law jurisdictions. This article traces the history of the Anglo American case law and legislation and the underlying policies and considers recent reforms and whether they can be improved upon. It makes a practical suggestion to supplement the recent reforms by regulatory approval of disclosure documentation to shareholders or waiver. It also considers whether there is an implicit priority for the duty to act for the good of the company or to promote its success.

Document Type: Research Article

DOI: http://dx.doi.org/10.5235/147359711798110655

Publication date: October 1, 2011

More about this publication?
  • The Journal of Corporate Law Studies provides a forum for scholarship on corporate, securities and financial law broadly construed. Thus the Journal publishes articles on subjects as diverse as insolvency and the commercial conflict of laws, in addition to mainstream topics such as directors' duties and financial regulation. The Journal also embraces interdisciplinary work and work in cognate fields.Articles published in the Journal are subject to rigorous peer review. Shorter articles and notes are refereed where appropriate.
    The Journal is published twice a year in June and October.
    The journal will be of interest to academics and practitioners specialising in any of the subjects covered, and also to those with an interest in the strategic direction of the law and the influences which affect it - thus regulators, law and policy-makers, and the judiciary.
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