Book contents
- Corporate Governance and Responsible Investment in Private Equity
- International Corporate Law and Financial Market Regulation
- Corporate Governance and Responsible Investment in Private Equity
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Introduction
- Part I How Should Private Equity Governance Systems Look?
- Part II What Actually Happens?
- Part III Corporate Governance Regulation in the United Kingdom and Private Equity’s Response
- 5 The Relevance of Business Judgment Regulation
- 6 Dealing with the Duties to Avoid and Disclose Conflicts of Interest
- 7 Rules Affecting the Exercise of Power by Shareholders and Their Nominated Directors
- 8 Recent Corporate Governance Reforms, Best Practice Codes and Their Impact
- Part IV How Governance Can Affect Corporate Performance
- Bibliography
- Index
6 - Dealing with the Duties to Avoid and Disclose Conflicts of Interest
from Part III - Corporate Governance Regulation in the United Kingdom and Private Equity’s Response
Published online by Cambridge University Press: 16 November 2020
Book contents
- Corporate Governance and Responsible Investment in Private Equity
- International Corporate Law and Financial Market Regulation
- Corporate Governance and Responsible Investment in Private Equity
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Introduction
- Part I How Should Private Equity Governance Systems Look?
- Part II What Actually Happens?
- Part III Corporate Governance Regulation in the United Kingdom and Private Equity’s Response
- 5 The Relevance of Business Judgment Regulation
- 6 Dealing with the Duties to Avoid and Disclose Conflicts of Interest
- 7 Rules Affecting the Exercise of Power by Shareholders and Their Nominated Directors
- 8 Recent Corporate Governance Reforms, Best Practice Codes and Their Impact
- Part IV How Governance Can Affect Corporate Performance
- Bibliography
- Index
Summary
This chapter considers the considerable theoretical difficulties posed by the UK duties to avoid conflicts of interest (Section 175 and Section 177 of the UK Companies Act). The chapter also looks at the common contractual responses to these rules and examines some theoretical problems with them.There is also an exploration of whether these theoretical problems are ever likely to create real-world problems, and suggests some ways to mitigate them, and some suggestions for policymakers.
- Type
- Chapter
- Information
- Publisher: Cambridge University PressPrint publication year: 2021