Market freedom or shareholders' protection? A comparative analysis of the duties of nominee directors

Abstract

Purpose

The purpose of this paper is to examine the recent codification of the duties of nominee directors in Malaysia.

Design/methodology/approach

Comparative law and legal theory.

Findings

The paper finds that the Malaysian approach to the duties of nominee directors is overly prescriptive and inconsistent with commercial reality.

Practical implications

A review of the law on the duties of nominee directors in Malaysia is called for.

Originality/value

This paper highlights the need for clear law reform objectives and made comparisons of the law across jurisdictions.

Citation

Rizal Salim, M. and Tai Yong, T. (2008), "Market freedom or shareholders' protection? A comparative analysis of the duties of nominee directors", International Journal of Law and Management, Vol. 50 No. 4, pp. 168-188. https://doi.org/10.1108/17542430810890350