Expanding shareholders' power: an analysis of reform proposals in Malaysia

A series of recent reform proposals in Malaysia have started to consider enhancing shareholders' self-help remedies by expanding shareholders' powers in corporate decision-making. The reform of listing rules, codes of corporate governance, and securities law legislation is intended to en...

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Main Authors: Rachagan, Shanthy Sothi, Mohd. Sulaiman, Aiman @ Nariman
Format: Article
Language:English
English
English
Published: De Gruyter 2019
Subjects:
Online Access:http://irep.iium.edu.my/79857/
http://irep.iium.edu.my/79857/1/79857_Expanding%20Shareholders%27%20Power_article.pdf
http://irep.iium.edu.my/79857/2/79857_Expanding%20Shareholders%27%20Power_scopus.pdf
http://irep.iium.edu.my/79857/3/79857_Expanding%20Shareholders%27%20Power_wos.pdf
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author Rachagan, Shanthy Sothi
Mohd. Sulaiman, Aiman @ Nariman
author_facet Rachagan, Shanthy Sothi
Mohd. Sulaiman, Aiman @ Nariman
author_sort Rachagan, Shanthy Sothi
building IIUM Repository
collection Online Access
description A series of recent reform proposals in Malaysia have started to consider enhancing shareholders' self-help remedies by expanding shareholders' powers in corporate decision-making. The reform of listing rules, codes of corporate governance, and securities law legislation is intended to enhance shareholders' participatory rights in decision-making in Malaysia. Some of the proposals echo the present UK position under the UK Companies Act 2006. These changes, occurring in several common law countries such as Malaysia, Hong Kong and UK, and the recent EU revision proposals, indicate a change of legal position towards expanding shareholders' power even to the extent of giving instruction to the board. But are these sufficient or can more be done? For Malaysia and other developing economies, we argue for a self-enforcing model that requires expansion of shareholders' general power by identifying and removing legal barriers to shareholders' empowerment. This is recommended for other developing countries which share a similar corporate and regulatory architecture
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publishDate 2019
publisher De Gruyter
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spelling iium-798572023-04-18T08:05:58Z http://irep.iium.edu.my/79857/ Expanding shareholders' power: an analysis of reform proposals in Malaysia Rachagan, Shanthy Sothi Mohd. Sulaiman, Aiman @ Nariman K Law (General) A series of recent reform proposals in Malaysia have started to consider enhancing shareholders' self-help remedies by expanding shareholders' powers in corporate decision-making. The reform of listing rules, codes of corporate governance, and securities law legislation is intended to enhance shareholders' participatory rights in decision-making in Malaysia. Some of the proposals echo the present UK position under the UK Companies Act 2006. These changes, occurring in several common law countries such as Malaysia, Hong Kong and UK, and the recent EU revision proposals, indicate a change of legal position towards expanding shareholders' power even to the extent of giving instruction to the board. But are these sufficient or can more be done? For Malaysia and other developing economies, we argue for a self-enforcing model that requires expansion of shareholders' general power by identifying and removing legal barriers to shareholders' empowerment. This is recommended for other developing countries which share a similar corporate and regulatory architecture De Gruyter 2019 Article NonPeerReviewed application/pdf en http://irep.iium.edu.my/79857/1/79857_Expanding%20Shareholders%27%20Power_article.pdf application/pdf en http://irep.iium.edu.my/79857/2/79857_Expanding%20Shareholders%27%20Power_scopus.pdf application/pdf en http://irep.iium.edu.my/79857/3/79857_Expanding%20Shareholders%27%20Power_wos.pdf Rachagan, Shanthy Sothi and Mohd. Sulaiman, Aiman @ Nariman (2019) Expanding shareholders' power: an analysis of reform proposals in Malaysia. Review of Law and Economics, 15 (1). ISSN 1555-5879 (In Press) https://www.degruyter.com/view/journals/rle/15/1/article-20150041.xml 10.1515/rle-2015-0041
spellingShingle K Law (General)
Rachagan, Shanthy Sothi
Mohd. Sulaiman, Aiman @ Nariman
Expanding shareholders' power: an analysis of reform proposals in Malaysia
title Expanding shareholders' power: an analysis of reform proposals in Malaysia
title_full Expanding shareholders' power: an analysis of reform proposals in Malaysia
title_fullStr Expanding shareholders' power: an analysis of reform proposals in Malaysia
title_full_unstemmed Expanding shareholders' power: an analysis of reform proposals in Malaysia
title_short Expanding shareholders' power: an analysis of reform proposals in Malaysia
title_sort expanding shareholders' power: an analysis of reform proposals in malaysia
topic K Law (General)
url http://irep.iium.edu.my/79857/
http://irep.iium.edu.my/79857/
http://irep.iium.edu.my/79857/
http://irep.iium.edu.my/79857/1/79857_Expanding%20Shareholders%27%20Power_article.pdf
http://irep.iium.edu.my/79857/2/79857_Expanding%20Shareholders%27%20Power_scopus.pdf
http://irep.iium.edu.my/79857/3/79857_Expanding%20Shareholders%27%20Power_wos.pdf