BIICL Workshop Shareholder Rights jbkr 6-05 1 British Institute of International and Comparative Law Workshop on Shareholder Rights,6 July 2005 Introduction.

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Presentation transcript:

BIICL Workshop Shareholder Rights jbkr British Institute of International and Comparative Law Workshop on Shareholder Rights,6 July 2005 Introduction by Professor Jonathan Rickford, Director, Company Law Centre Agenda: 1. Introduction, background and recent history 2. Main Components: Company/Shareholder: ID, comms., actions Stock-lending Depositary receipts GM information GM participation - share blocking; “questions”; requisitions; and voting Voting and intermediaries GM Feedback 3. Summary/Conclusion

BIICL Workshop Shareholder Rights jbkr Background, History etc UK: CLR - general orientation EU:Winter - Takeovers (silent dog?) Commission Action Plan Commission Consultations Expectations Preliminary: Scope = Listed Cos

BIICL Workshop Shareholder Rights jbkr Company/“Shareholder”: ID, Comms, Actions UK - CLR, section 360 and DTI WP EU - Winter Group and EC (1) “ultimate investor” Current EC position Merits?

BIICL Workshop Shareholder Rights jbkr Stock Lending Legal Character in UK Merits Risks? Locusts? Commission proposals

BIICL Workshop Shareholder Rights jbkr Depositary receipts Legal Nature and risks Commission Proposal Merits?

BIICL Workshop Shareholder Rights jbkr General Meeting: Information UK CLR Proposals: ?AGM; mode, timing, content UK DTI WP EC proposals notice timing; notice content; supplementary information; dissemination, language etc; web use

BIICL Workshop Shareholder Rights jbkr GM Participation Share-blocking, record dates, electronic presence UK law/practice; EC proposals “Questions” Requisitions - DTI, EC, proposals; Remote voting and proxies

BIICL Workshop Shareholder Rights jbkr Intermediaries and Voting EC proposals: defining Intermediaries registering “nominees” “powers of attorney” “voting on instructions”

BIICL Workshop Shareholder Rights jbkr GM Feedback UK proposals CLR, DTI publicity audit EC proposals website publicity

BIICL Workshop Shareholder Rights jbkr Summary/Conclusion Key Issues for UK players? Ultimate Investor Stock-lending Questions Intermediaries