Malberti, Corrado --- "Contractual enforcement of shareholders’ duties" [2019] ELECD 281; in Birkmose, S. Hanne; Sergakis, Konstantinos (eds), "Enforcing Shareholders’ Duties" (Edward Elgar Publishing, 2019) 85

Book Title: Enforcing Shareholders’ Duties

Editor(s): Birkmose, S. Hanne; Sergakis, Konstantinos

Publisher: Edward Elgar Publishing

ISBN: 9781788114868

Section: Chapter 5

Section Title: Contractual enforcement of shareholders’ duties

Author(s): Malberti, Corrado

Number of pages: 21

Abstract/Description:

To understand the scope and nature of the enforcement of shareholders’ duties, it is necessary to compare this type of enforcement with that of contracts and agreements shareholders may have concluded with companies or third parties. In some cases, contractual arrangements may reinforce shareholders’ duties by providing more effective remedies. In other circumstances, contracts may clarify what other shareholders or companies expect from a shareholder or introduce obligations in addition to those mandated by law. However, some¬times, contractual obligations may also conflict with shareholders’ duties and jeopardize the performance of such duties.