Bank Recovery and Resolution: What About Shareholder Rights? — The Harvard Law School Forum on Corporate Governance

Small business of-interest, need-to-know and news-to-watch.

Excerpt:  The article begins by studying the rationale for shareholder protection, especially in the banking sector. It subsequently studies the main shareholder rights, which include: property rights, governance rights (including pre-emption rights, appointment of directors and involvement in management), procedural rights, protection of minority shareholders, and protection of shareholders in banking groups (through the principles of separate legal personality and limited liability).

The article continues by examining whether interference with shareholder rights in the context of bank crisis management is justified as a matter of policy.

Read full article via Bank Recovery and Resolution: What About Shareholder Rights? — The Harvard Law School Forum on Corporate Governance and Financial Regulation.

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