Promoting an inclusive approach on the part of directors: the UK and German positions

Schall, Alexander, Miles, Lilian ORCID: https://orcid.org/0000-0001-7224-757X and Goulding, Simon (2006) Promoting an inclusive approach on the part of directors: the UK and German positions. Journal of Corporate Law Studies, 6 (2) . pp. 299-328. ISSN 1473-5970 [Article]

Abstract

This article discusses the initiatives taken in the UK to encourage directors to adopt a more inclusive approach when managing their companies. In particular, it provides a discussion of the recent initiatives taken in UK law to regulate the duties of directors and reporting obligations. It argues that, given the particular corporate culture and legal framework in the UK, it is by no means certain that these reforms will cultivate a broader societal outlook on the part of directors. It goes on to compare the UK with Germany, where the prerequisites for the cultivation of an inclusive approach are already well embedded within the governance system. The article concludes with the proposition that an alternative way of encouraging directors to be more receptive to non-member stakeholder concerns is to give non-member stakeholders a right to
participate in the governance of the company.

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