Corporate Governance and Shareholder Activism: An Analysis of the Companies Act 2013

  • Niharika Negi and Grishma Brahmbhatt
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  • Niharika Negi

    Student at Unitedworld School of Law, Karnavati University, India

  • Grishma Brahmbhatt

    Assistant Professor at Karnavati University, Unitedworld School of Law, India

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Abstract

This paper explores the evolution and nuances of corporate governance, tracing its development from the pre-independence era in India to the modern frameworks shaping global practices today. The study begins by examining early governance mechanisms during colonial rule, highlighting the influence of British colonial practices on corporate structures in India. It then delves into the post-independence era, focusing on India's transition toward more formalized corporate governance frameworks, influenced by both domestic needs and global standards. The paper further compares governance practices in major jurisdictions, starting with the United States, where landmark regulations such as the Sarbanes-Oxley Act and proxy voting systems shaped corporate accountability and transparency. The governance model in the United Kingdom is explored next, with a focus on the UK Corporate Governance Code, emphasizing board composition, executive pay, and stakeholder engagement. draws lessons from other jurisdictions, including Europe, Japan, and emerging markets, offering valuable insights for governance practices globally. The paper concludes with an analysis of the applicability of these global practices to India, considering the unique cultural, economic, and regulatory landscape of the country. The study underscores the dynamic nature of corporate governance and its adaptation to diverse global contexts.

Keywords

  • Corporate Governance
  • Sarbanes-Oxley Act
  • Proxy Voting
  • Board Composition
  • Executive Compensation
  • Transparency
  • Accountability and Cross-Border Insights

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 2902 - 2923

DOI: https://doij.org/10.10000/IJLMH.119399

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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