English Internal Management Model and its Impact on 21st Century Company Law
Symbiosis Law School, Hyderabad, India.
Volume III – Issue I, 2021
Company law across the globe is a result of centuries of evolution. From times of the East India Company to the contemporary world, the laws and mechanisms pertaining to corporate law are a direct consequence of the Industrial Revolution in Britain. Given the entire history of corporations in Britain, this paper lays down the reason behind the emergence of the concept of a separate and stringent internal management model of companies in the first place. In view of the same, this paper shall focus on the aspect as to how the British model of minimum judicial intervention into internal matters of a company has been affecting the rights of shareholders largely, globally. This has been a common occurrence since Britain has been one of the most influential countries in the era of amped up privatization and following the similar road, many developing countries like India also have fallen prey to loopholes of the current corporate law. This paper shall also discuss the rights of minority shareholders of a company and their concerns due to minimal interference by courts at times of violation due to internal management of the company. Finally, the paper shall also shed light as to how the past cases concerning this tussle of intervention between the courts and companies has shaped many current trends of the corporate sector. The paper is essentially a study to comprehend the latest trends of company law and their impact on corporates around the world.
Keywords: internal management, corporate, judicial intervention, minority shareholders.