The debate on corporate governance of business companies and the discussions on the concept of corporate purpose intensified. Looking at the role of law in ensuring that businesses profit from creating benefits and not from creating detriments, it is worth distinguishing between interventions designed to incentivise the former (e.g., mandatory rules on sustainability disclosure or new dual-purpose companies) and disincentivise the latter (tort or recent supply chain due diligence laws). Nevertheless, the existence of a grey area for activities that do not materialise in tort, or the violation of other mandatory rules cannot be denied and is probably where the reconceptualisation of fiduciary duties can mediate. New legal trends in these areas are mapped with a special focus on the European context and some comparative law considerations with respect to the United Kingdom and the United States. Finally, a suggestion for the future of European harmonisation on dual-purpose companies will be offered.

Corporate purposes and the law. New trends in legal frameworks for purpose-driven companies—The European way(s) / Ventura, Livia. - In: EUROPEAN MANAGEMENT REVIEW. - ISSN 1740-4762. - (In corso di stampa), pp. 1-8.

Corporate purposes and the law. New trends in legal frameworks for purpose-driven companies—The European way(s).

Livia Ventura
In corso di stampa

Abstract

The debate on corporate governance of business companies and the discussions on the concept of corporate purpose intensified. Looking at the role of law in ensuring that businesses profit from creating benefits and not from creating detriments, it is worth distinguishing between interventions designed to incentivise the former (e.g., mandatory rules on sustainability disclosure or new dual-purpose companies) and disincentivise the latter (tort or recent supply chain due diligence laws). Nevertheless, the existence of a grey area for activities that do not materialise in tort, or the violation of other mandatory rules cannot be denied and is probably where the reconceptualisation of fiduciary duties can mediate. New legal trends in these areas are mapped with a special focus on the European context and some comparative law considerations with respect to the United Kingdom and the United States. Finally, a suggestion for the future of European harmonisation on dual-purpose companies will be offered.
In corso di stampa
Dual-purpose companies, fiduciary duties, supply chain due diligence, sustainability reporting
Corporate purposes and the law. New trends in legal frameworks for purpose-driven companies—The European way(s) / Ventura, Livia. - In: EUROPEAN MANAGEMENT REVIEW. - ISSN 1740-4762. - (In corso di stampa), pp. 1-8.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11385/234664
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