Andrew Keay - Academia.edu (original) (raw)

Papers by Andrew Keay

Research paper thumbnail of Ascertaining the Notion of Board Accountability in Chinese Listed Companies

SSRN Electronic Journal, 2015

This is a repository copy of Ascertaining the Notion of Board Accountability in Chinese Listed Co... more This is a repository copy of Ascertaining the Notion of Board Accountability in Chinese Listed Companies.

Research paper thumbnail of Business judgment and director accountability: a study of case-law over time

Journal of Corporate Law Studies

Research paper thumbnail of A Theoretical Analysis of the Director's Duty to Consider Creditor Interests: The Progressive School's Approach

Journal of Corporate Law Studies

Research paper thumbnail of The Ultimate Objective of the Company and the Enforcement of the Entity Maximisation and Sustainability Model

Journal of Corporate Law Studies

Abstract: Two theories, the shareholder primacy and stakeholder theories, have dominated the long... more Abstract: Two theories, the shareholder primacy and stakeholder theories, have dominated the long-running debate about the objective of the company, but recently a different theory, called the Entity Maximisation and Sustainability Model (EMS), has been formulated. The ...

Research paper thumbnail of Having regard for stakeholders in practising enlightened shareholder value

Oxford University Commonwealth Law Journal

Research paper thumbnail of Legal Practitioners, Enlightened Shareholder Value and the Shaping of Corporate Governance

Journal of Corporate Law Studies

This article examines lawyers' responses to the Companies Act 2006, section 172, whi... more This article examines lawyers' responses to the Companies Act 2006, section 172, which controversially introduces the concept of enlightened shareholder value into the law of the UK, together with a non-exhaustive list of factors that directors must take into account when making ...

Research paper thumbnail of Stewardship theory: is board accountability necessary?

International Journal of Law and Management

Purpose The purpose of the paper is to demonstrate that notwithstanding the fact that stewardship... more Purpose The purpose of the paper is to demonstrate that notwithstanding the fact that stewardship theory embraces things like trust of directors, their professionalism, loyalty and willingness to be concerned for the interests of others, as well as rejecting the foundations of classic agency problems that are asserted by agency theory, board accountability is as relevant to stewardship theory as it is to agency theory. Design/methodology/approach The paper applies the theory underlying board accountability in corporate governance, which is so often applied both in the corporate governance literature and in practice with agency theory in mind, to stewardship theory. Findings While the idea of accountability of boards is generally associated with an explanation and conceptualisation of the role and behaviour of directors as agents within classic agency theory, the paper demonstrates that board accountability is a necessary part of board life even if the role of directors is explained ...

Research paper thumbnail of Sustainability in Large UK Listed Retail Companies: A Sectoral Analysis

Deakin Law Review

This article documents a study on the sustainability efforts of the largest UK general retail com... more This article documents a study on the sustainability efforts of the largest UK general retail companies that are listed on the FTSE 100. Along with offering empirical insights into the position taken by large listed UK retail companies on sustainability issues, the study also provides an interpretive analysis of the data examined in order to gain greater understanding of what the companies are communicating and the attitude that they are taking in relation to sustainability. Based on an extended content analysis of each corporation’s annual and sustainability reports, the study was intended to be a pilot study, that is, a small study conducted in advance of a planned larger and broader project that would examine more companies and in different industrial sectors. It would specifically test aspects of the research design and allow necessary adjustment before final commitment to the design for the larger project. Nonetheless, the results of the study documented here are sufficiently s...

Research paper thumbnail of European Insolvency Law

European Insolvency Law, 2017

Research paper thumbnail of What future for liquidation in light of the enterprise act reforms?

Journal of Business Law, 2005

... What future for liquidation in light of the enterprise act reforms? Autores: Andrew Keay; Loc... more ... What future for liquidation in light of the enterprise act reforms? Autores: Andrew Keay; Localización: Journal of business law, ISSN 0021-9460, Nº. 2 (March), 2005 , págs. 143-158. Fundación Dialnet. Acceso de usuarios registrados. ...

Research paper thumbnail of The duty of directors to take account of creditors' interests: has it any role to play?

Journal of Business Law, 2002

... | Ayuda. The duty of directors to take account of creditors' interests: has it any role ... more ... | Ayuda. The duty of directors to take account of creditors' interests: has it any role to play? Autores:Andrew Keay; Localización: Journal of business law, ISSN 0021-9460, Nº. 4 (July), 2002 , pags. 379-410. © 2001-2011 Universidad de La Rioja · Todos los derechos reservados. ...

Research paper thumbnail of Wrongful trading : problems and proposals

Research paper thumbnail of Company directors behaving poorly: disciplinary options for shareholders

Journal of Business Law, 2007

... Company directors behaving poorly: disciplinary options for shareholders. Autores: AndrewKeay... more ... Company directors behaving poorly: disciplinary options for shareholders. Autores: AndrewKeay; Localización: Journal of business law, ISSN 0021-9460, Nº. 6 (Septiembre), 2007 , págs. 656-682. Fundación Dialnet. Acceso de usuarios registrados. ...

Research paper thumbnail of Assessing and rethinking the statutory scheme for derivative actions under the Companies Act 2006

Journal of Corporate Law Studies, 2015

In October 2007 a statutory scheme, designed to address the issue of derivative actions, came int... more In October 2007 a statutory scheme, designed to address the issue of derivative actions, came into force. The scheme provided that shareholders wishing to continue (or commence) derivative proceedings in relation to wrongs committed against their company had to obtain the permission/leave of the court. In the subsequent seven years there have been few derivative actions instituted by shareholders and only a small percentage of actions commenced have succeeded in obtaining court permission/leave to proceed. This article undertakes an analytical review of the statutory scheme and identifies reasons why there are so few proceedings in the UK, and more broadly it examines and evaluates the derivative action scheme itself. The paper considers whether the statutory scheme is too narrow and explores some changes that might be made to it in order to make it more accessible and more effective.

Research paper thumbnail of The framework for board accountability in corporate governance

Legal Studies, 2014

In the wake of the financial crisis, there has been much discussion about whether boards (particu... more In the wake of the financial crisis, there has been much discussion about whether boards (particularly of banks) are sufficiently accountable. However, while a significant literature has grown up in relation to the study of accountability in various disciplines, particularly public administration and politics, in the field of corporate governance there has been little consideration of what accountability means or entails. This is problematic: without a clearer idea of the elusive concept of accountability, debates about board accountability may be at cross-purposes. It will be difficult to assess whether particular corporate governance mechanisms promote board accountability, and if not, why not. The lack of clarity can also mask accountability deficits. This paper addresses this gap, setting out why accountability is important and offering an account of what accountability means in the corporate governance context, focusing on board accountability, in order to provide a framework f...

Research paper thumbnail of The Global Financial Crisis: Risk, Shareholder Pressure, and Short-Termism in Financial Institutions - Does Enlightened Shareholder Value Offer a Panacea?

SSRN Electronic Journal, 2000

Abstract: There have been several reasons given for the advent of the Global Financial Crisis (GF... more Abstract: There have been several reasons given for the advent of the Global Financial Crisis (GFC) in 2007. It is likely that most, if not all, of those that have been identified contributed in some way to what occurred in financial markets. This paper identifies a ...

Research paper thumbnail of Accountability and the Corporate Governance Framework: From Cadbury to the UK Corporate Governance Code

SSRN Electronic Journal, 2000

Research paper thumbnail of The Duty to Promote the Success of the Company: Is it Fit for Purpose?

SSRN Electronic Journal, 2000

Abstract: There are various reasons that have been given for the financial crisis hit much of glo... more Abstract: There are various reasons that have been given for the financial crisis hit much of globe nearly three years ago. One appears to be that there were problems in the corporate governance of financial institutions and other companies. Intrinsic to corporate ...

Research paper thumbnail of Insolvency : personal and corporate law and practice

An academic directory and search engine.

Research paper thumbnail of Directors' duties and creditors' interests

Research paper thumbnail of Ascertaining the Notion of Board Accountability in Chinese Listed Companies

SSRN Electronic Journal, 2015

This is a repository copy of Ascertaining the Notion of Board Accountability in Chinese Listed Co... more This is a repository copy of Ascertaining the Notion of Board Accountability in Chinese Listed Companies.

Research paper thumbnail of Business judgment and director accountability: a study of case-law over time

Journal of Corporate Law Studies

Research paper thumbnail of A Theoretical Analysis of the Director's Duty to Consider Creditor Interests: The Progressive School's Approach

Journal of Corporate Law Studies

Research paper thumbnail of The Ultimate Objective of the Company and the Enforcement of the Entity Maximisation and Sustainability Model

Journal of Corporate Law Studies

Abstract: Two theories, the shareholder primacy and stakeholder theories, have dominated the long... more Abstract: Two theories, the shareholder primacy and stakeholder theories, have dominated the long-running debate about the objective of the company, but recently a different theory, called the Entity Maximisation and Sustainability Model (EMS), has been formulated. The ...

Research paper thumbnail of Having regard for stakeholders in practising enlightened shareholder value

Oxford University Commonwealth Law Journal

Research paper thumbnail of Legal Practitioners, Enlightened Shareholder Value and the Shaping of Corporate Governance

Journal of Corporate Law Studies

This article examines lawyers' responses to the Companies Act 2006, section 172, whi... more This article examines lawyers' responses to the Companies Act 2006, section 172, which controversially introduces the concept of enlightened shareholder value into the law of the UK, together with a non-exhaustive list of factors that directors must take into account when making ...

Research paper thumbnail of Stewardship theory: is board accountability necessary?

International Journal of Law and Management

Purpose The purpose of the paper is to demonstrate that notwithstanding the fact that stewardship... more Purpose The purpose of the paper is to demonstrate that notwithstanding the fact that stewardship theory embraces things like trust of directors, their professionalism, loyalty and willingness to be concerned for the interests of others, as well as rejecting the foundations of classic agency problems that are asserted by agency theory, board accountability is as relevant to stewardship theory as it is to agency theory. Design/methodology/approach The paper applies the theory underlying board accountability in corporate governance, which is so often applied both in the corporate governance literature and in practice with agency theory in mind, to stewardship theory. Findings While the idea of accountability of boards is generally associated with an explanation and conceptualisation of the role and behaviour of directors as agents within classic agency theory, the paper demonstrates that board accountability is a necessary part of board life even if the role of directors is explained ...

Research paper thumbnail of Sustainability in Large UK Listed Retail Companies: A Sectoral Analysis

Deakin Law Review

This article documents a study on the sustainability efforts of the largest UK general retail com... more This article documents a study on the sustainability efforts of the largest UK general retail companies that are listed on the FTSE 100. Along with offering empirical insights into the position taken by large listed UK retail companies on sustainability issues, the study also provides an interpretive analysis of the data examined in order to gain greater understanding of what the companies are communicating and the attitude that they are taking in relation to sustainability. Based on an extended content analysis of each corporation’s annual and sustainability reports, the study was intended to be a pilot study, that is, a small study conducted in advance of a planned larger and broader project that would examine more companies and in different industrial sectors. It would specifically test aspects of the research design and allow necessary adjustment before final commitment to the design for the larger project. Nonetheless, the results of the study documented here are sufficiently s...

Research paper thumbnail of European Insolvency Law

European Insolvency Law, 2017

Research paper thumbnail of What future for liquidation in light of the enterprise act reforms?

Journal of Business Law, 2005

... What future for liquidation in light of the enterprise act reforms? Autores: Andrew Keay; Loc... more ... What future for liquidation in light of the enterprise act reforms? Autores: Andrew Keay; Localización: Journal of business law, ISSN 0021-9460, Nº. 2 (March), 2005 , págs. 143-158. Fundación Dialnet. Acceso de usuarios registrados. ...

Research paper thumbnail of The duty of directors to take account of creditors' interests: has it any role to play?

Journal of Business Law, 2002

... | Ayuda. The duty of directors to take account of creditors' interests: has it any role ... more ... | Ayuda. The duty of directors to take account of creditors' interests: has it any role to play? Autores:Andrew Keay; Localización: Journal of business law, ISSN 0021-9460, Nº. 4 (July), 2002 , pags. 379-410. © 2001-2011 Universidad de La Rioja · Todos los derechos reservados. ...

Research paper thumbnail of Wrongful trading : problems and proposals

Research paper thumbnail of Company directors behaving poorly: disciplinary options for shareholders

Journal of Business Law, 2007

... Company directors behaving poorly: disciplinary options for shareholders. Autores: AndrewKeay... more ... Company directors behaving poorly: disciplinary options for shareholders. Autores: AndrewKeay; Localización: Journal of business law, ISSN 0021-9460, Nº. 6 (Septiembre), 2007 , págs. 656-682. Fundación Dialnet. Acceso de usuarios registrados. ...

Research paper thumbnail of Assessing and rethinking the statutory scheme for derivative actions under the Companies Act 2006

Journal of Corporate Law Studies, 2015

In October 2007 a statutory scheme, designed to address the issue of derivative actions, came int... more In October 2007 a statutory scheme, designed to address the issue of derivative actions, came into force. The scheme provided that shareholders wishing to continue (or commence) derivative proceedings in relation to wrongs committed against their company had to obtain the permission/leave of the court. In the subsequent seven years there have been few derivative actions instituted by shareholders and only a small percentage of actions commenced have succeeded in obtaining court permission/leave to proceed. This article undertakes an analytical review of the statutory scheme and identifies reasons why there are so few proceedings in the UK, and more broadly it examines and evaluates the derivative action scheme itself. The paper considers whether the statutory scheme is too narrow and explores some changes that might be made to it in order to make it more accessible and more effective.

Research paper thumbnail of The framework for board accountability in corporate governance

Legal Studies, 2014

In the wake of the financial crisis, there has been much discussion about whether boards (particu... more In the wake of the financial crisis, there has been much discussion about whether boards (particularly of banks) are sufficiently accountable. However, while a significant literature has grown up in relation to the study of accountability in various disciplines, particularly public administration and politics, in the field of corporate governance there has been little consideration of what accountability means or entails. This is problematic: without a clearer idea of the elusive concept of accountability, debates about board accountability may be at cross-purposes. It will be difficult to assess whether particular corporate governance mechanisms promote board accountability, and if not, why not. The lack of clarity can also mask accountability deficits. This paper addresses this gap, setting out why accountability is important and offering an account of what accountability means in the corporate governance context, focusing on board accountability, in order to provide a framework f...

Research paper thumbnail of The Global Financial Crisis: Risk, Shareholder Pressure, and Short-Termism in Financial Institutions - Does Enlightened Shareholder Value Offer a Panacea?

SSRN Electronic Journal, 2000

Abstract: There have been several reasons given for the advent of the Global Financial Crisis (GF... more Abstract: There have been several reasons given for the advent of the Global Financial Crisis (GFC) in 2007. It is likely that most, if not all, of those that have been identified contributed in some way to what occurred in financial markets. This paper identifies a ...

Research paper thumbnail of Accountability and the Corporate Governance Framework: From Cadbury to the UK Corporate Governance Code

SSRN Electronic Journal, 2000

Research paper thumbnail of The Duty to Promote the Success of the Company: Is it Fit for Purpose?

SSRN Electronic Journal, 2000

Abstract: There are various reasons that have been given for the financial crisis hit much of glo... more Abstract: There are various reasons that have been given for the financial crisis hit much of globe nearly three years ago. One appears to be that there were problems in the corporate governance of financial institutions and other companies. Intrinsic to corporate ...

Research paper thumbnail of Insolvency : personal and corporate law and practice

An academic directory and search engine.

Research paper thumbnail of Directors' duties and creditors' interests