Directors’ Conflicts of Interest: Different European Legal Perspectives

4 TPDF (Size:87KB) PP. 174-179   DOI: 10.4236/blr.2013.44022

Author(s)

Gloria Esteban De La Rosa, Jovan Shopovski

ABSTRACT

The well-known term “conflicts of interest” could be found in different societal areas. It usually has the same meaning and alludes on situations where a natural person or an organization is involved in multiple interests. This set of circumstances creates risks that professional judgment or a decision will be influenced by a secondary interest. This article will mainly focus on theoretical treatment of the conflict of interest in the company law area and its application in different legal systems. Only company’s directors (management of the company) and supervisory board conflicts of interest will be relevant to this work. Different legislatives’ provisions will be analyzed. Various legal perspectives, circumstances and legal actions related to the directors’ conflicts of interest will be presented. Apart from the binding norms, provisions included in different “good governance codes” will be also analysed.

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