ENHANCING CORPORATE DEMOCRACY BY THE USE OF SHAREHOLDER PROXIES

Authors

  • Maleka Femida Cassim

DOI:

https://doi.org/10.17159/obiter.v40i1.11307

Keywords:

shareholder control, good corporate governance, accountability, transparency, shareholder participation, shareholder engagement, proxy voting, shareholder proxies, cut-off time, lodgement

Abstract

Effective shareholder control over the board of directors is patently in the interests of good corporate governance, accountability and transparency. In recognition of this modern reality, the policy focus in company law has shifted to encouraging shareholder participation and shareholder engagement in corporate affairs. Bearing in mind that very few shareholders of large public companies attend meetings in person, proxy voting is of vital importance to corporate democracy. This article discusses enhanced rights conferred by the Companies Act 71 of 2008 in relation to shareholder proxies who attend, speak and vote at shareholders’ meetings. It also considers the pressing practical question whether companies may impose a cut-off time for the lodgement of shareholder proxies.

Downloads

Download data is not yet available.

Metrics

Metrics Loading ...

Downloads

Published

30-06-2019

How to Cite

Maleka Femida Cassim. (2019). ENHANCING CORPORATE DEMOCRACY BY THE USE OF SHAREHOLDER PROXIES. Obiter, 40(1). https://doi.org/10.17159/obiter.v40i1.11307

Issue

Section

Articles