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03 February 2012 / David Greene
Issue: 7499 / Categories: Opinion , Company
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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

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MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

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