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Duty of loyalty of directors of companies that have received bailout through the Troubled Asset Relief Program(TARP)

  • DONG-A LAW REVIEW
  • 2013, (61), pp.313-335
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

고인배 1

1동아대학교

Accredited

ABSTRACT

In September 2008. the financial crisis caused the government take over of Fannie Mae and Freddie Mac, the bankruptcy of Lehman Brothers, and the near collapse of AIG. In response to the crisis, the Emergency Economic Stabilization Act (EESA) was enacted. EESA created The Troubled Asset Relief Program (TARP). EESA granted the Secretary of the Treasury authority to either purchase or insure up to $700 billion in troubled assets owned by financial institutions. The U.S. government gave bailout through the TARP to many financial institutions, and it owned majority or nearly half the number of shares of common stock, or only a small part of shares. When the government are contrary to the interests of the company, the directors of the company received TARP funds can be confronted with the breach of the duty of loyalty. If the government is a powerful shareholder in the company, and the failure to align the company's interest with the government's causes damages to the corporation, and the government is a regulator, then the director can consider initiatives of the government's.

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