Reconsidering shareholders obligations: a comparative doctrinal analysis of shareholder obligations in the UK, Portugal, and Brazil

Dos Santos Marques, Pedro (2023) Reconsidering shareholders obligations: a comparative doctrinal analysis of shareholder obligations in the UK, Portugal, and Brazil. Doctoral thesis, University of East Anglia.

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Abstract

This thesis examines shareholder obligations, the justifications and reasonings for regulating them, and the ways they are regulated in the UK, Portugal, and Brazil. It argues that shareholder obligations should be regulated to help minimise the agency theory conflict amongst shareholders and enhance minority shareholder protections. The extent of why obligations are imposed and what obligations are regulated differ from jurisdiction to jurisdiction. The research is of a comparative nature and studies the differences in these concepts in the UK, Portugal, and Brazil. It also recommends areas where legal reform should observe the approaches taken by the other two jurisdictions.

After considering the theoretical framework for the thesis, it analyses:
1. the reasoning for regulating shareholder obligations;
2. how shareholder obligations should be regulated in the UK, Portugal, and Brazil; and
3. the remedies that should be available in the three jurisdictions when shareholder obligations are breached.

This thesis goes beyond the studying of shareholder liabilities and companies’ separate legal personality concepts. Instead, it postulates and examines shareholder obligations as a concept of modern company law. This research uniquely contributes to the field of shareholder law by utilising a comparative methodology. It examines the aforementioned topics in a comparative doctrinal analysis. It is also innovative by connecting theoretical problems, such as the agency theory conflict with shareholder obligations. After comparing the obligations that should be available in the UK, Portugal, and Brazil it extends the narrative further. In the final chapter, it relates the reasoning behind shareholder obligations with the concepts of remedies and sanctions when these obligations are breached.

Item Type:	Thesis (Doctoral)
Faculty \ School:	Faculty of Social Sciences > School of Law
Depositing User:	Chris White
Date Deposited:	19 Mar 2024 11:00
Last Modified:	19 Mar 2024 11:00
URI:	https://ueaeprints.uea.ac.uk/id/eprint/94717
DOI:

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