Research Tilburg Law School

Our mission is to understand and improve the role of law in tackling societal problems now and in the future.

New working paper presented by Christoph Van der Elst in Glasgow

On 15 September Christoph Van der Elst presented his new working paper on “Enforcing Fuzzy Shareholder Duties” at the Conference ‘Enforcement of Shareholders’ Duties’, organized by the University of Glasgow (dr. Konstantinos Sergakis) and supported by Aarhus University (prof. Hanne Birkmose).

Recently shareholders regained more power. This shift of powers comes with more shareholder duties appearing in different forms and conditions. Van der Elst questions if and how shareholders can be accountable for these duties. He found that a number of these, so called ‘fuzzy’ duties – like the duty to discuss with the investee company the reasons for voting against items of the agenda of the general meeting of shareholders – are highly likely to cross the borders of any efficient regulatory enforcement mechanism. The conference papers will be part of an Edward Elgar book on the Enforcement of Shareholder Duties’ which will be published in 2018.