University of Cambridge > Talks.cam > Darwin College Humanities and Social Sciences Group > Approaches to enforce fiduciary duties of corporate officers: Civil remedies or criminal penalties? - from the perspective of comparative law

Approaches to enforce fiduciary duties of corporate officers: Civil remedies or criminal penalties? - from the perspective of comparative law

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Corporate officers’ breach of fiduciary duties such as insider trading, fraudulent accounting and breach of trust are treated differently in various jurisdictions. In the USA , in response to the scandals such as Enron, the Sarbanes-Oxley Act has marked the increased use of criminal penalties to enforce fiduciary duties, which is a shift away from the traditional use of civil remedies in corporate law. However, in other countries, there is a call to resort less to criminal penalties and to extend the application of civil remedies. There is no universally right approach; each jurisdiction should take its own situation into consideration.

This talk is part of the Darwin College Humanities and Social Sciences Group series.

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