Good corporate governance should be the cornerstone
of all company management. This book attempts to
answer the question of whose interests must be
granted primacy in the management of a company with
the main focus on South African company law. An
international comparison of the position in
Botswana, Australia, New Zealand and the United
Kingdom is also provided. Shareholders interests
are traditionally granted primacy in the management
of a company, but there has been a shift in public
opinion towards recognition of a wider variety of
interests that should be considered. The different
theories on the nature of a company are discussed. A
new theory is proposed on how directors should
balance the different interests of the various
stakeholders, but still act in the best interest of
the company, as a separate legal entity. The outcome
of this extensive research provides a clear
indication to directors of who the beneficiaries of
their fiduciary duties are. This book will interest
legal practitioners, directors and company
secretaries, university libraries, academics, and
postgraduate students.
of all company management. This book attempts to
answer the question of whose interests must be
granted primacy in the management of a company with
the main focus on South African company law. An
international comparison of the position in
Botswana, Australia, New Zealand and the United
Kingdom is also provided. Shareholders interests
are traditionally granted primacy in the management
of a company, but there has been a shift in public
opinion towards recognition of a wider variety of
interests that should be considered. The different
theories on the nature of a company are discussed. A
new theory is proposed on how directors should
balance the different interests of the various
stakeholders, but still act in the best interest of
the company, as a separate legal entity. The outcome
of this extensive research provides a clear
indication to directors of who the beneficiaries of
their fiduciary duties are. This book will interest
legal practitioners, directors and company
secretaries, university libraries, academics, and
postgraduate students.