Enforcing Shareholders’ Duties
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Enforcing Shareholders’ Duties

Edited by Hanne S. Birkmose and Konstantinos Sergakis

A heavily debated topic, the evolution of shareholders’ duties risks the transformation of the very concept of shareholder primacy, crucially associated with shareholder rights. Offering a distinctive and comprehensive examination of both current and forthcoming enforcement mechanisms in the area of shareholder duties, this timely book provides an exhaustive analysis of the many issues related to these mechanisms, and considers the ongoing challenges surrounding their implementation.
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Chapter 7: Legal vs social enforcement of shareholder duties

Konstantinos Sergakis

Abstract

Enforcement mechanisms are crucial to the viability of businesses and capital markets at large, as they purport to hold accountable legal and natural persons who violate applicable rules, as well as to inculcate a sound compliance culture and sensible market practices into such persons. On the one hand, legal (public and private) enforcement constitutes the core element of a wider EU and inter national trend towards deterrence, dissuasion and compensation. Academic literature has not conclusively determined which enforcement means are preferable. On the other hand, social enforcement (for example, ‘name and shame’) is based on softer tools that inform interested parties of a violation so as to trigger cascading effects on investors, third parties and stakeholders at large.

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