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From the magazine SZW-RSDA 4/2018 | S. 375-392 The following page is 375

Die Regelung von Interessenkonflikten im Aktienrecht de lege lata und de lege ferenda

Conflicts of interest are a threat to the functioning of the board of directors and the management of a public limited company. This paper looks into the legal regime applicable in cases of a conflict of interest while dealing with third parties. It then tries to establish rules to safeguard an internal decision-making process solving conflicts of interest. Finally it assesses the effectiveness of article 717a that was proposed in the ongoing revision of the law governing public limited companies.

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