Book Title: Research Handbook on Shareholder Inspection Rights: A Comparative Perspective

Publisher: Edward Elgar Publishing

Abstract: This Introduction begins with a discussion of the relevance and rationale for shareholder inspection rights as a tool for shareholder protection under corporate law and governance. After discussing the theoretical and practical justifications on which shareholder inspection rights are founded, the chapter then sets out the motivation for the Book and the gap it seeks to fill in the literature. It also highlights the methodological contributions of the Book which range from the theoretical to the historical, doctrinal, empirical, and normative approaches. The chapter then focuses on various themes emanating from the Book. It discusses the variation among jurisdictions in the scope of documents available for inspection. It also assesses the interesting developments emanating from the emergence of inspection rights in the major jurisdictions, before highlighting the discernible trends in the linkages (or otherwise) between the types of corporate entities and available inspection rights. Also noteworthy is the interaction between the shareholder inspection regime and the disclosure norms under securities regulation, particularly for listed companies. Emphasis is placed both on a discussion of the statutory design of inspection rights as well as the manner and extent to which these rights are in fact utilized by shareholders in each jurisdiction. After a macro-analysis of the Book’s major findings, the introductory chapter then provides a detailed overview of the regime in each jurisdiction studied herein. It concludes by noting that while there are some common strands among jurisdictions, there is a great deal of variation in the details. The renewed focus on shareholder engagement in companies may likely shed greater light on the shareholders inspection rights moving forward.