Klaus J. Hopt, Gunther Teubner's Corporate Governance and Directors' Liabilities: Legal, PDF

By Klaus J. Hopt, Gunther Teubner

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It is therefore logical, perhaps essential, for an appreciation of "Corporate Control, Corporate Power" in the United States not to "address" trade unions, which have "made no serious effort to obtain direct control or to participate in the broad decision processes of large companies", [being] "oriented to bread and butter gains via bargaining" (Herman, 1981: 338, 288). We note later the recent footnote exceptions to this overall picture. For the moment, it is submitted that these three factors do divide the European and the American perceptions — and not always to the advantage of either side.

Ltd. (1883) 25 Ch. D 654, 672). Although that requirement was thought to restrain company gifts within a "not very philanthropic garb", the understanding of "indirect benefit" was extended to legitimate gifts for educational, and, indeed any other charitable, welfare or even "political" purposes. 21 Certainly it was the practice of companies to make such donations, a large proportion of the funds going to "education, research, general social welfare and public amenities". 22 Labour Party circles complained that in 1956 industry gave over £ 3 million to reequip the science laboratories of the independent ("public") schools which feared competition from improving State schools (Labour Party, 1957: 52).

407, 426) that the tensions of the British system emerge. In his handling of the corporate assets the director is truly a "constructive trustee" (International Sales and Agencies v. Marcus [1982] 3 All E. R. 551); but otherwise he is under a personal 'fiduciary duty' to the company. As Frankfurter J. insisted, to say that he is "a fiduciary", is only a beginning: "It only gives direction to further inquiry" (SEC v. S. 80, 85 (1943)). Yet it is through the personal fiduciary duty that the trust was placed upon directors under the early equitable concepts, a level of duty somewhat in conflict with the need to treat them as "commercial men managing a trading concern for the benefit of themselves and all the other shareholders" {Re Forest of Dean Coal Mining Co.

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