Corporate governance and the business judgment rule: Fiduciary duties of directors in Canada and the People's Republic of China

  • April 13, 2017
  • Matthew P. Ponsford

Abstract

Much can be learned from a comparative analysis of the different corporate governance practices of Canada and the People’s Republic of China, specifically with respect to the duties of directors in overseeing registered corporations. This paper examines the fiduciary duties of directors expressed in statutory instruments in Canada and China. Analyses herein incorporate statutes and corporate law, secondary literature, newspaper commentary, and select jurisprudence, to help elucidate the similarities and differences between the two countries’ regulatory frameworks, from the perspective of corporate governance and responsible business decision-making.

This article can be read online.

Matthew P. Ponsford, a graduate of McGill Law, is currently completing Articles of Clerkship to qualify as a member of the Law Society of Alberta.