Fiduciary Duties in Takeovers: UK & India Laws - A Comparison

28 Pages Posted: 14 Jul 2009

See all articles by Joy Dey

Joy Dey

Deutsche Bank AG; Societe Generale; Warwick University; Campus Law Centre

Date Written: December 31, 2007

Abstract

One of the chief components of a country's economic growth consists of development of the capital markets. They provide strategies for growth, diversification, channelling surplus funds, and provide an alternative to bank and institutional finance. Mergers and Acquisitions (and takeovers) are one of the key components of the capital markets and the regulation and control of the same is a strategic policy decision having a direct bearing on the economic growth of the country. Efficiently functioning legal framework complements this objective and help corporations to seek opportunities for growth by way of reorganizations. This paper analyzes the laws regulating the fiduciary duties of directors and managers of a company at the time of a takeover. Prevalent laws of the United Kingdom and India are studied for a comparative view of the more effective of the two.

Keywords: Fiduciary duty, takeover, corporate governance, India, UK, takeover code, SEBI

Suggested Citation

Dey, Joy and Dey, Joy, Fiduciary Duties in Takeovers: UK & India Laws - A Comparison (December 31, 2007). Available at SSRN: https://ssrn.com/abstract=1371427 or http://dx.doi.org/10.2139/ssrn.1371427

Joy Dey (Contact Author)

Societe Generale ( email )

Bangalore
Bangalore, 560103
India

Deutsche Bank AG ( email )

Mumbai
India

Warwick University ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom

Campus Law Centre ( email )

Delhi
India

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