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Course Details

The New Directors' Duties - much Hype or New Reality ?
Nicholas Pirie, Barrister-at-law, Wyndham Chambers
Date: 19 February 2020 (Wednesday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: English
Fee: HK$ 1,700
Accreditation: 3 CPD pts (Accredited by The Law Society of Hong Kong)
Ref: L20CC01
Venue: Learning Commons Ltd
Room 1602, 16/F,
1 Duddell Street,
Central, Hong Kong
[View Map]
Outline:

1. Promoting more socially responsible corporations through the Company Law Framework;

2. The Interface between Corporate Social Responsibility and Company Law

3. The Legislative Approach - limitations; transformational requirements

4. New Directors' Duties or are they just re-stated in the Companies' Ordinance

5. Information to be provided - Disclosure - Sustainable Decisions vs Profit

6. Mainstreaming ethical and responsible governance

7. Corporate Internal Management changes required

8. Shareholders' Rights and CSR;

9. Fiduciary Duties and Equity-debtholder conflicts

10. Stakeholder Perspectives ;

11. Stealth Tax or an Investment Barrier - the Future of Stakeholder Interests;;

12. Does putting shareholders first harm investors?

13. Experiences from other jurisdictions ;

14. Examples ;
  • (i) The Canadian Experience
  • (ii) Enlightened Shareholder Value in the UK; the UK Act
  • (iii) Lack of Cases in UK
  • (iv) Mirror Image in HK - will it work given the difference in majority shareholdings in HK ?
  • (v) Sections 135 - 166 of the Indian Companies Act 2013
  • (vi) China 16th Plenary Session 2006 & CSR in China


15. Self Assessment - The Cadbury Principles; Reporting

16. Dealing with Companies in an Insolvent position; & unsecured creditors;

17. Conclusion - Mere Window Dressing or Structural Changes ; does the one size fit all approach work ?
 
Category: Corporate / Commercial
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