The theory of «Enlightened Shareholder Value» in commercial companies law

Kooshki, Mostafa; Joneidi, Laya

doi:10.48308/eclr.2025.237279.1095

The theory of «Enlightened Shareholder Value» in commercial companies law

Document Type : Original Article

Authors

mostafa kooshki ¹ ^¶

laya joneidi ²

¹ Ph.D., Faculty of Law & Political Science, University of Tehran, Tehran, Iran.

² Associate Professor, Faculty of Law & Political Science, University of Tehran, Tehran, Iran.

https://doi.org/10.48308/eclr.2025.237279.1095

Abstract

In the law of commercial companies, one of the most fundamental questions is that the company should be run for the benefit of which person or persons? In response to the above question, the enlightened Shareholder Value theory states that the company should be managed in order to maximize the value of the shareholders' shares by paying attention to the interests of all the stakeholders of the company, and this is the best means to ensure the success of the company. With a descriptive and analytical approach, this article has examined the recent theory with a comparative study in English company law. The results of the article show that the laws of Iranian commercial companies are based on the independent legal personality of the company, the organizational theory of the company and that the duty of the managers is towards the company and not the partners, has the ability to analyze based on the above theory. Therefore, by accepting this theory, a meaningful balance can be established between the interests of shareholders and stakeholders. The most important obstacle to the full effectiveness of the above theory in the law of Iranian commercial companies is the ambiguity in the concept of beneficiary and its narrow interpretation by legal courts, which solutions have been presented in this regard

Keywords

Business Company

the enlightened Shareholder Value

company stakeholders

best interests of the company

organizational theory of the company

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