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  • 6 - Dealing with the Duties to Avoid and Disclose Conflicts of Interest

  • from Part III - Corporate Governance Regulation in the United Kingdom and Private Equity’s Response
  • Simon Witney, London School of Economics and Political Science
  • Book:
    Corporate Governance and Responsible Investment in Private Equity
    Published online:
    16 November 2020
    Print publication:
    07 January 2021, pp 107-130

  • Summary

    This chapter considers the considerable theoretical difficulties posed by the UK duties to avoid conflicts of interest (Section 175 and Section 177 of the UK Companies Act). The chapter also looks at the common contractual responses to these rules and examines some theoretical problems with them.There is also an exploration of whether these theoretical problems are ever likely to create real-world problems, and suggests some ways to mitigate them, and some suggestions for policymakers.