Robson M Thesis (26 Feb 2022).pdf (1.49 MB)
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The contemporary role of shareholder ratification and authorisation of breaches of director’s duties

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thesis
posted on 27.02.2022, 22:47 authored by Michael Robson
This Thesis considers whether the doctrine of ratification remain relevant and appropriate to companies governed by the Corporations Act. The primary criticism of the doctrine is the right of a director/shareholder to vote to approve a ratification resolution of their own breach of duty. The lawfulness of narrowing a director's statutory duties is unresolved in Australia. The United Kingdom, the United States of America and Canada have adopted statutory reforms to the doctrine. This Thesis recommends similar statutory reforms by limiting the right of a director/shareholder and their related parties to vote on a ratification resolution.

History

Campus location

Australia

Principal supervisor

Susan Barkehall-thomas

Additional supervisor 1

Normann Witzleb

Year of Award

2022

Department, School or Centre

Law

Course

Doctor of Philosophy

Degree Type

DOCTORATE

Faculty

Faculty of Law

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