Boards' Governance of Hostile Takeovers in the US and the UK

Authors

  • Zihao Song

DOI:

https://doi.org/10.54691/bcpbm.v39i.4070

Keywords:

Hostile takeover; corporate governance; corporate legislation; merger & acquisition.

Abstract

It is argued heatedly whether the governance of the board in a company against hostile takeovers is of necessity in the United States and in the United Kingdoms. This study aims to determine whether this intervention of boards should be legitimatized according to laws in these two countries in order to gain a better legal environment for the market. Literature research method had been used in this paper and conclusions were analyzed to reach the aim. The result in this study suggests that the effects of hostile takeovers on corporate governance are quite different owning to the different jurisdiction in the United States and in the United Kingdoms. Obvious as it is, corporate governance changes according to local legislations. The United States tends to have a more tolerate jurisdiction on whether the management of corporate should be entitled to intervene or block hostile takeovers. The United Kingdoms, on the contrary, tends to be more disciplined in administration for the board in a company issued on this type of governance.

Downloads

Download data is not yet available.

References

Franks J, Mayer C. Hostile takeovers and the correction of managerial failure [J]. Journal of financial economics, 1996, 40 (1): 163 - 181.

Kershaw, David. Hostile Takeovers and the Non-Frustration Rule. Principles of Takeover Regulation, 2016.

Moore, Marc, et al. Regulation of the Market for Corporate Control. Corporate Governance: Law, Regulation and Theory, Palgrave Macmillan Ltd, London, England, 2017: 278 - 279.

McGinty P. Replacing Hostile Takeovers[J]. University of Pennsylvania Law Review, 1996, 144 (3): 985.

Fu Qiong. Diyishougoudefalvlichang. China Legal Science, 2017, 3: 226 - 243.

Cain M D, McKeon S B, Solomon S D. Do takeover laws matter? Evidence from five decades of hostile takeovers [J]. Journal of financial economics, 2017, 124 (3): 464 - 485.

Ragazzo R A. Unifying the Law of Hostile Takeovers: Bridging the Unocal/Revlon Gap [J]. Ariz. L. Rev., 1993, 35: 989.

Cosh A, Guest P. The long-run performance of hostile takeovers: UK evidence [M]. Cambridge: ESRC Centre for Business Research, University of Cambridge, 2001.

Gorzala J. The art of hostile takeover defence[M]. Igel Verlag, 2010.

Armour J, Skeel Jr D A. Who writes the rules for hostile takeovers, and why-the peculiar divergence of US and UK takeover regulation[J]. Geo. LJ, 2006, 95: 1741.

Downloads

Published

2023-02-22

How to Cite

Song, Z. (2023). Boards’ Governance of Hostile Takeovers in the US and the UK. BCP Business & Management, 39, 242-246. https://doi.org/10.54691/bcpbm.v39i.4070