Recognition of Various Stakeholder Interests in Company Management

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.

Autorentext

Dr Irene-marié Esser is an Associate Professor in Company Law at the University of South Africa. She completed her LLB at the University of Stellenbosch, South Africa, her LLM at the University of Aberdeen, Scotland, and her LLD at the University of South Africa. She is an admitted attorney of the South African High Court.

Klappentext

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.