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The Role Of Corporate Law In Protecting Minority Shareholders In Emerging Markets


Aabis Shelfy, LLM (Corporate and Commercial Law), Christ Deemed to be University, Bangalore

Dr. K Sivananda Kumar, Associate professor, School of Law, Christ (Deemed to be University), Bangalore


ABSTRACT


The protection of minority shareholders is a critical aspect of corporate governance in emerging markets, where corporate laws and governance frameworks are often less developed than in advanced economies. This paper explores the role of corporate law in safeguarding the interests of minority shareholders in such markets, where majority shareholders or controlling entities often dominate decision-making processes. The research highlights the legal mechanisms in place to protect minority shareholders, such as voting rights, disclosure requirements, and remedies for oppression or mismanagement. By analyzing the corporate law frameworks of various emerging markets, including case studies from India, China, and Brazil, the paper investigates the effectiveness of existing legal protections and identifies the challenges that minority shareholders face, including weak enforcement, concentrated ownership, and political and cultural barriers. The paper concludes with recommendations for legal and regulatory reforms to enhance minority shareholder protection, focusing on improving corporate governance practices and increasing transparency.


Keywords: Corporate law, Minority shareholders, Emerging markets, Shareholder protection, Corporate governance, Legal mechanisms, Enforcement, Concentrated ownership.



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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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