header-logo header-logo

03 February 2012 / David Greene
Issue: 7499 / Categories: Opinion , Company
printer mail-detail

In good company?

What does the future hold for shareholder democracy, asks David Greene

The hot topic of the week is the control that shareholders have over executives’ remuneration and bonuses. Vince Cable has joined the throng with fresh proposals for change. The idea, however, that increasing shareholders’ control over this aspect of the relationship between their company and its senior employees will serve some wider social good is illusory, notwithstanding politicians’ declarations to the contrary. If they want to achieve control of executive conduct by shareholders, the way in which that relationship works would have to shift radically. In any event, are shareholders willing, able, or indeed the right people, to exert such control?

Primary responsibility

Directors’ primary responsibility is to the company with which they have contractual and other obligations. Their additional common law duties to the company are set out in the Companies Act 2006 (CA 2006) at ss 170–181. Much was made of these new provisions, but commentators recognise that they merely repeat what was previously enforceable at common law.

Some

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll