Intra-group Transactions and the Protection of Minority Shareholders' Interests
| Project/Area Number |
21730085
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Ritsumeikan University (2011)
Kyushu University (2009-2010) |
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Principal Investigator |
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| Project Period (FY) |
2009 – 2011
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| Project Status |
Completed (Fiscal Year 2011)
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| Budget Amount *help |
¥2,990,000 (Direct Cost: ¥2,300,000、Indirect Cost: ¥690,000)
Fiscal Year 2011: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Fiscal Year 2010: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Fiscal Year 2009: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
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| Keywords | 取締役の義務・責任 / 企業グループ / 企業結合 / 親子会社 / 取締役の責任 / フランス会社法 / 子会社少数株主の保護 |
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| Research Abstract |
This study discusses how to reconcile the company law rule that obliges directors to pursue solely the interest of the company that he or she represents, with the practice that directors often pursue the interest of a group of companies as a whole, in the context of an intra-group transaction. Researches of French law in this study have the following implications regarding Japanese law : (1) Courts ought to base their rulings on group policy rather than individual transactions. (2) Although it is difficult for courts to evaluate a group policy and decide whether a transaction provides advantages to individual companies, it is useful for them to estimate the relationship between the companies involved in the transaction and evaluate the financial capacity of the company that is disadvantaged by the transaction.
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Report
(4 results)
Research Products
(8 results)
