Ownership versus control: Fault lines in directors-shareholders relationship-special reference to Malaysian family business

The structure of family business is unique compared to the non-family business as it combines three elements, namely, family relationships, composition of owners and management structure under the name of the business.This distinctive attribute often give rise to governance issues. Under the conven...

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Main Authors: Abd Ghadas, Zuhairah Ariff, Hassan, Halyani
Format: Article
Language:English
Published: UUM College of Law, Government and International Studies 2011
Subjects:
Online Access:https://repo.uum.edu.my/id/eprint/15756/1/1.pdf
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author Abd Ghadas, Zuhairah Ariff
Hassan, Halyani
author_facet Abd Ghadas, Zuhairah Ariff
Hassan, Halyani
author_sort Abd Ghadas, Zuhairah Ariff
collection UUM
description The structure of family business is unique compared to the non-family business as it combines three elements, namely, family relationships, composition of owners and management structure under the name of the business.This distinctive attribute often give rise to governance issues. Under the conventional concept of corporate governance, directors should act in the best interest of the shareholders.In doing so, the directors’ action is governed by certain rules which specify their duties and these rules are relevant to the shareholders with respect to their rights.Although there are laws which govern the relationship between the directors and shareholders, in certain circumstances there are some latent problems.These hidden problems can be identified as the fault lines in the relationship between directors and shareholders. This article discusses the issues pertaining to fault lines which may arise in a family business due to the complex and overlapping structure between directors and shareholders in a family business. Research methodology applied in this research is mainly doctrinal analysis.
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spelling uum-157562015-10-18T04:37:11Z https://repo.uum.edu.my/id/eprint/15756/ Ownership versus control: Fault lines in directors-shareholders relationship-special reference to Malaysian family business Abd Ghadas, Zuhairah Ariff Hassan, Halyani K Law (General) The structure of family business is unique compared to the non-family business as it combines three elements, namely, family relationships, composition of owners and management structure under the name of the business.This distinctive attribute often give rise to governance issues. Under the conventional concept of corporate governance, directors should act in the best interest of the shareholders.In doing so, the directors’ action is governed by certain rules which specify their duties and these rules are relevant to the shareholders with respect to their rights.Although there are laws which govern the relationship between the directors and shareholders, in certain circumstances there are some latent problems.These hidden problems can be identified as the fault lines in the relationship between directors and shareholders. This article discusses the issues pertaining to fault lines which may arise in a family business due to the complex and overlapping structure between directors and shareholders in a family business. Research methodology applied in this research is mainly doctrinal analysis. UUM College of Law, Government and International Studies 2011 Article PeerReviewed application/pdf en https://repo.uum.edu.my/id/eprint/15756/1/1.pdf Abd Ghadas, Zuhairah Ariff and Hassan, Halyani (2011) Ownership versus control: Fault lines in directors-shareholders relationship-special reference to Malaysian family business. UUM Journal of Legal Studies, 2011 (2). pp. 1-16. ISSN 2229-984X http://www.uumjls.com/UUM_Journal_of_Legal_Studies.html
spellingShingle K Law (General)
Abd Ghadas, Zuhairah Ariff
Hassan, Halyani
Ownership versus control: Fault lines in directors-shareholders relationship-special reference to Malaysian family business
title Ownership versus control: Fault lines in directors-shareholders relationship-special reference to Malaysian family business
title_full Ownership versus control: Fault lines in directors-shareholders relationship-special reference to Malaysian family business
title_fullStr Ownership versus control: Fault lines in directors-shareholders relationship-special reference to Malaysian family business
title_full_unstemmed Ownership versus control: Fault lines in directors-shareholders relationship-special reference to Malaysian family business
title_short Ownership versus control: Fault lines in directors-shareholders relationship-special reference to Malaysian family business
title_sort ownership versus control fault lines in directors shareholders relationship special reference to malaysian family business
topic K Law (General)
url https://repo.uum.edu.my/id/eprint/15756/1/1.pdf
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AT hassanhalyani ownershipversuscontrolfaultlinesindirectorsshareholdersrelationshipspecialreferencetomalaysianfamilybusiness