Reexamination of deterrence of corporate misconduct by shareholder derivative suits

2015 Fiscal Year Final Research Report

• Project/Area Number: 25780060
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Civil law
• Research Institution: The University of Tokyo
• Principal Investigator: KATO Takahito 東京大学, 法学(政治学)研究科(研究院), 准教授 (30334296)
• Project Period (FY): 2013-04-01 – 2016-03-31
• Keywords: 会社法 / 金融商品取引法

Outline of Final Research Achievements

I researched an significance of shareholder derivative suits in corporate groups and civil liabilities of listed companies which disclosed fraudulent information. I made it clear that each of them was an important mechanism to deter corporate misconduct. But they have some problems about when directors or corporations are made liable and how their liabilities are enforced. I clarified many points we had to keep in mind when we were dealing with those problems. For example, I succeed in the attempts to clarify a condition for multiple derivative suits and a way to calculate an amount of damage the listed companies which disclosed fraudulent information have to be liable for.

Free Research Field

民事法学