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III - Withdrawal in Comparative Perspective

from Part 2 - Operation

Published online by Cambridge University Press:  14 October 2022

Alan K Koh
Affiliation:
Nanyang Technological University, Singapore
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Summary

Chapter III centres on the jurisdiction-neutral analytical framework applied in Chapters IV–VII, the target jurisdiction-specific chapters. The analysis covers the history, grounds, scope of protection, applicable parties, and the mandatory/default nature of each jurisdiction’s withdrawal remedy. Key findings from each jurisdictional chapter are summarised and compared, with salient similarities and differences, such as the fault/non-fault distinction, between the jurisdictions in these aspects highlighted. Observations about the legal actors (judges, legislators, scholars) involved in the creation and development of withdrawal regimes, and other themes emerging from this, are made. Further, this Chapter identifies the phenomenon of ‘spontaneous functional convergence’ of the four jurisdictions towards two distinct conceptual models of withdrawal (‘corrective’ and ‘insurance’ models), situating this contribution within the broader corporate law convergence and divergence debate. The comparative findings and insights from the four target jurisdictional studies in this Chapter form the basis of a model withdrawal remedy that is presented in Chapter VIII.

Type
Chapter
Information
Shareholder Protection in Close Corporations
Theory, Operation, and Application of Shareholder Withdrawal
, pp. 65 - 89
Publisher: Cambridge University Press
Print publication year: 2022

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  • Withdrawal in Comparative Perspective
  • Alan K Koh, Nanyang Technological University, Singapore
  • Book: Shareholder Protection in Close Corporations
  • Online publication: 14 October 2022
  • Chapter DOI: https://doi.org/10.1017/9781108634618.004
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  • Withdrawal in Comparative Perspective
  • Alan K Koh, Nanyang Technological University, Singapore
  • Book: Shareholder Protection in Close Corporations
  • Online publication: 14 October 2022
  • Chapter DOI: https://doi.org/10.1017/9781108634618.004
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Withdrawal in Comparative Perspective
  • Alan K Koh, Nanyang Technological University, Singapore
  • Book: Shareholder Protection in Close Corporations
  • Online publication: 14 October 2022
  • Chapter DOI: https://doi.org/10.1017/9781108634618.004
Available formats
×