Public interest in the regulation of the small private limited company – the dwindling role of mandatory rules in English company law
Public interest in the regulation of the small private limited company – the dwindling role of mandatory rules in English company law
This Chapter considers the extent to which the regulation of small private limited companies in the UK, as prescribed by the Companies Act 2006, is a matter of private ordering and personal autonomy rather than standard setting in the public interest. Three distinct aspects of company regulation, namely the statutory framework, directors’ duties and the unfairly prejudicial remedy, are examined to see if it is possible to discern any acknowledged public interest in the regulation of small private limited companies or whether the regulatory space has been abandoned to the parties' interests.
Company Law, Mandatory provisions, Companies Act 2006, freedom of contract
99-123
Centre for Commercial and Corporate Law Inc., University of Canterbury
Hannigan, Brenda
d439c291-6794-4f9c-b27b-01386a13359e
2017
Hannigan, Brenda
d439c291-6794-4f9c-b27b-01386a13359e
Hannigan, Brenda
(2017)
Public interest in the regulation of the small private limited company – the dwindling role of mandatory rules in English company law.
In,
Watson, Susan
(ed.)
The Changing Landscape of Corporate Law in New Zealand.
Christchurch, NZ.
Centre for Commercial and Corporate Law Inc., University of Canterbury, .
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Book Section
Abstract
This Chapter considers the extent to which the regulation of small private limited companies in the UK, as prescribed by the Companies Act 2006, is a matter of private ordering and personal autonomy rather than standard setting in the public interest. Three distinct aspects of company regulation, namely the statutory framework, directors’ duties and the unfairly prejudicial remedy, are examined to see if it is possible to discern any acknowledged public interest in the regulation of small private limited companies or whether the regulatory space has been abandoned to the parties' interests.
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Published date: 2017
Keywords:
Company Law, Mandatory provisions, Companies Act 2006, freedom of contract
Organisations:
Southampton Law School, Law D
Identifiers
Local EPrints ID: 410107
URI: http://eprints.soton.ac.uk/id/eprint/410107
PURE UUID: 5729db78-baed-4fb0-a083-260ad23c81ed
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Date deposited: 03 Jun 2017 04:03
Last modified: 16 Mar 2024 02:34
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Editor:
Susan Watson
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