David Kershaw, ‘Corporate law’s fiduciary personas’

INTRODUCTION
… This article is concerned with corporate law’s multiple fiduciary personas. It argues that although corporate law is very familiar with the idea that one person can have several capacities in which that person has a relationship with the company – as, for example, shareholder, creditor, employee and director – it has lost sight of the similar and basic fiduciary insight. It has come to treat all the fiduciary relationships which a person who is a director of the company has with the company as being subsumed by the role of director, when in fact a person who is a director may undertake multiple and separate fiduciary obligations qua, inter alia, director, senior manager or agent …

€ (Westlaw)

David Kershaw, ‘Corporate law’s fiduciary personas’ (2020) 136 Law Quarterly Review (July) 454.

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