Directors’ Fiduciary Obligations: Is the Shareholder an Appropriate Beneficiary?

26 Pages Posted: 9 Dec 2010

See all articles by Beth Nosworthy

Beth Nosworthy

University of Adelaide - School of Law

Abstract

‘Corporate governance is the system by which companies are directed and controlled.’ One underutilised aspect of corporate governance is the fiduciary obligation. Given that the balance between corporate governance and commercial activity is of concern both in Australia and overseas, the value of developing a broader principle of fiduciary obligation between directors and shareholders should be considered along with whether it can contribute to achieving this balance. This article will discuss the current use of the fiduciary obligation within the corporate context, and its potential for future development and application within corporate governance.

Keywords: Fiduciary obligation, Fiduciary duty, Directors, Shareholders, Corporate Governance, Equity, Corporate Law, Corporations Act

JEL Classification: K22

Suggested Citation

Nosworthy, Beth, Directors’ Fiduciary Obligations: Is the Shareholder an Appropriate Beneficiary?. Australian Journal of Corporate Law, Vol. 24, No. 3, Available at SSRN: https://ssrn.com/abstract=1722490

Beth Nosworthy (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia
8303 5063 (Phone)
8303 4344 (Fax)

HOME PAGE: http://www.law.adelaide.edu.au/

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