University of Hertfordshire

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The impact of the Salomon principle on directors’ remuneration in the UK

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The impact of the Salomon principle on directors’ remuneration in the UK. / Gheyoh Ndzi, Ernestine.

In: International Journal of Law and Management, Vol. 59, No. 2, 13.03.2017, p. 257-270.

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@article{eac9fa45504648d49e57d7e480eb7c0e,
title = "The impact of the Salomon principle on directors{\textquoteright} remuneration in the UK",
abstract = "PurposeThis paper aims to examine the Salomon principle of separate legal personality and its impact on the regulation of directors{\textquoteright} remuneration in the UK. The aim of the paper is to explore the Salomon principle to determine whether it serves as a driving factor for directors{\textquoteright} remuneration levels. The paper will also examine the restrictive approach of the courts to move away from the principle and their reluctance to get involved in directors{\textquoteright} remuneration issues of a company. The paper explains the Salomon principle, describes the nature of the problem on directors{\textquoteright} remuneration and provides an analysis on how the Salomon principle impacts on the directors{\textquoteright} remuneration.Design/methodology/approachThe paper reviews case law, statutory provisions and academic opinions on the directors{\textquoteright} remuneration and the concept of separate legal entity. The paper critically reviews the impact of the concept of separate entity on directors{\textquoteright} remuneration.FindingsThe paper finds that the courts are reluctant to come away from the concept of separate legal personality as well as reluctant to get involved with directors{\textquoteright} remuneration. This reluctance of the court makes the concept of separate legal personality to act as one of the drivers of directors{\textquoteright} remuneration.Originality/valueThe paper offers a different explanation into why directors{\textquoteright} remuneration continuous to be an issue in the UK. It points out that the concept of separate legal personality is a potential driver of directors{\textquoteright} remuneration in the UK.",
keywords = "Directors' remuneration , shareholder voting, crporate personality, disclosure requirement, lifting the corporate veil, shareholder remedy",
author = "{Gheyoh Ndzi}, Ernestine",
note = "{\textcopyright} Emerald Publishing Limited 2017 Published by Emerald Publishing Limited Licensed re-use rights only",
year = "2017",
month = mar,
day = "13",
doi = "10.1108/IJLMA-11-2015-0058",
language = "English",
volume = "59",
pages = "257--270",
journal = "International Journal of Law and Management",
issn = "1754-243x",
publisher = "Emerald Group Publishing Ltd.",
number = "2",

}

RIS

TY - JOUR

T1 - The impact of the Salomon principle on directors’ remuneration in the UK

AU - Gheyoh Ndzi, Ernestine

N1 - © Emerald Publishing Limited 2017 Published by Emerald Publishing Limited Licensed re-use rights only

PY - 2017/3/13

Y1 - 2017/3/13

N2 - PurposeThis paper aims to examine the Salomon principle of separate legal personality and its impact on the regulation of directors’ remuneration in the UK. The aim of the paper is to explore the Salomon principle to determine whether it serves as a driving factor for directors’ remuneration levels. The paper will also examine the restrictive approach of the courts to move away from the principle and their reluctance to get involved in directors’ remuneration issues of a company. The paper explains the Salomon principle, describes the nature of the problem on directors’ remuneration and provides an analysis on how the Salomon principle impacts on the directors’ remuneration.Design/methodology/approachThe paper reviews case law, statutory provisions and academic opinions on the directors’ remuneration and the concept of separate legal entity. The paper critically reviews the impact of the concept of separate entity on directors’ remuneration.FindingsThe paper finds that the courts are reluctant to come away from the concept of separate legal personality as well as reluctant to get involved with directors’ remuneration. This reluctance of the court makes the concept of separate legal personality to act as one of the drivers of directors’ remuneration.Originality/valueThe paper offers a different explanation into why directors’ remuneration continuous to be an issue in the UK. It points out that the concept of separate legal personality is a potential driver of directors’ remuneration in the UK.

AB - PurposeThis paper aims to examine the Salomon principle of separate legal personality and its impact on the regulation of directors’ remuneration in the UK. The aim of the paper is to explore the Salomon principle to determine whether it serves as a driving factor for directors’ remuneration levels. The paper will also examine the restrictive approach of the courts to move away from the principle and their reluctance to get involved in directors’ remuneration issues of a company. The paper explains the Salomon principle, describes the nature of the problem on directors’ remuneration and provides an analysis on how the Salomon principle impacts on the directors’ remuneration.Design/methodology/approachThe paper reviews case law, statutory provisions and academic opinions on the directors’ remuneration and the concept of separate legal entity. The paper critically reviews the impact of the concept of separate entity on directors’ remuneration.FindingsThe paper finds that the courts are reluctant to come away from the concept of separate legal personality as well as reluctant to get involved with directors’ remuneration. This reluctance of the court makes the concept of separate legal personality to act as one of the drivers of directors’ remuneration.Originality/valueThe paper offers a different explanation into why directors’ remuneration continuous to be an issue in the UK. It points out that the concept of separate legal personality is a potential driver of directors’ remuneration in the UK.

KW - Directors' remuneration

KW - shareholder voting

KW - crporate personality

KW - disclosure requirement

KW - lifting the corporate veil

KW - shareholder remedy

U2 - 10.1108/IJLMA-11-2015-0058

DO - 10.1108/IJLMA-11-2015-0058

M3 - Article

VL - 59

SP - 257

EP - 270

JO - International Journal of Law and Management

JF - International Journal of Law and Management

SN - 1754-243x

IS - 2

ER -