Related party transactions: empowering boards and minority shareholders to prevent abuses

Galani, Ami and Rehn, Nathan (2020) Related party transactions: empowering boards and minority shareholders to prevent abuses. National Law School of India Review, 22 (2). pp. 29-58. ISSN 09744894

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Abstract

Related party transactions can be legitimate and value-enhancing for a corporation, but they can also serve as a vehicle for illegitimate expropriation of corporate value by management or controlling shareholders. Related party transactions assume greater significance in a market context where there is high promoter ownership in group companies and a prevalence of listed companies under promoter-controlled groups. Abuses of related party transactions have been linked to negative consequences to minority investors in Indian companies, and have played a key part in some high-profile cases of corporate fraud. Currently, the Indian legal regime does not contain adequate safeguards for preventing abuse of related party transactions. This paper describes this problem in a comparative framework, examines disclosure regarding related party transactions contained in the annual reports of some of India's largest public companies, and makes several proposals for regulatory reform.

Item Type: Article
Keywords: Stock Market | Shareholders | The Companies Act
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 11 Apr 2022 04:53
Last Modified: 11 Apr 2022 05:02
Official URL: https://nlsir.com/wp-content/uploads/2020/07/Ami-G...
URI: https://pure.jgu.edu.in/id/eprint/2276

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