Internal Code: MAS2096
Essay Writing Assignment:
You Are Required To Answer One Of The Following Questions:
1.Criminal and civil sanctions now exist in England, and in all countries worldwide with major stock exchanges, that have made insider dealing illegal. This has not always been the case and even today arguments framed in the theory of neo-classical market equilibrium mechanisms suggest that insider dealing should not warrant sanctions. Critically review the development, rationale, and effectiveness of insider dealing legislation from the perspective of both the integrity of the securities markets and any issues of informational imbalance between the buyer and seller of the security.
2.‘Although the corporate governance system is principally designed to effectuate the interests of the shareholder class, it can – and to some extent must – also address the other agency problems of the corporate form: the conflict between the minority and majority shareholders.’
(Hansmann H The Basic Governance Structure In The Anatomy Of Corporate Law A Comparative And Functional Approach, (2006) Oxford University Press, Page 54)
Critically Discuss The Above Statement Within The Context Of A Comparative Analysis Between The English System And That Of Another State Of Your Choice.
3.‘Is it in the interests of a corporate entity to be as profitable as possible, for example, or very large, or socially responsible? Given that these questions seem incapable of being answered, it would be impossible to assign any definite content to a duty framed in terms of benefiting the enterprise as such.’
(Parkinson J Corporate Power And Responsibility, (2000) Oxford University Press, Page 77)
Critically Discuss The Above Statement In Light Of The Statutory Duty Of Directors Introduced By Section 172 Companies Act 2006 And Legislative Obligations Relating To Broader Issues Of Good Corporate Governance.