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Technology and Corporate Law

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Technology and Corporate Law

How Innovation Shapes Corporate Activity

9781800377158 Edward Elgar Publishing
Edited by Andrew Godwin, Associate Professor, Melbourne Law School, The University of Melbourne, Australia, Pey Woan Lee, Professor of Law, Yong Pung How School of Law, Singapore Management University, Singapore and Rosemary Teele Langford, Associate Professor, Melbourne Law School, The University of Melbourne, Australia
Publication Date: 2021 ISBN: 978 1 80037 715 8 Extent: 368 pp
In light of the overwhelming impact of technology on modern life, this thought-provoking book critically analyses the interaction of innovation, technology and corporate law. It highlights the impact of artificial intelligence and distributed ledgers on corporate governance and form, examining the extent to which technology may enhance or displace conventional theories and practices concerning corporate governance and regulation. Expert contributors from multiple jurisdictions identify themes and challenges that transcend national boundaries and confront the international community as a whole.

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Critical Acclaim
Contributors
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This thought-provoking book critically analyses the interaction of innovation, technology and corporate law. It highlights the impact of technology, including artificial intelligence and distributed ledger technology, on corporate governance and form, examining the extent to which technology may enhance or displace conventional theories and practices concerning corporate governance and regulation.

Expert contributors from multiple jurisdictions identify themes and challenges that transcend national boundaries and confront the international community as a whole. Chapters investigate corporate form, governance democratisation resulting from the more prevalent use of technology, the introduction of new classes of stakeholders and novel fund-raising activities and the impact of technology on corporate governance and regulatory supervision. Offering theoretical, practical and policy perspectives on the integration of technology with corporate governance and regulation, it provides a key contribution to the broader debate concerning the impact of technology on modern life.

This insightful book should stimulate incisive academic discourse and will be of value to students and scholars of corporate, business and technology law. It will also be of benefit to legal practitioners, regulators and policy-makers interested in technological innovation.
Critical Acclaim
‘This is an illuminating legal guide to the world of self-driving corporations, AI systems as corporate board members, and all the corporate governance challenges that come from the rise of technology. As always, the law plays catch-up, as the technology runs ahead. This collection of thoughtful analyses of the issues will well serve all lawyers who are chasing the technology and attempting to keep up.’
– Ross P Buckley, KPMG and KWM Professor of Disruptive Innovation, UNSW Sydney, Australia

‘The breadth of perspectives of this work on technology and corporate law is as impressive as the insightfulness of its contributions. As technology heavily impacts corporate governance practices, organisational forms and the functioning of capital markets, this book deserves its place in the library of anyone with an interest in the present and the future of corporate law.’
– Luca Enriques, Professor of Corporate Law, University of Oxford, UK
Contributors
Contributors: Moshood Abdussalam, Helen Bird, Vivienne Brand, David C. Donald, Andrew Godwin, Aurelio Gurrea-Martínez, Pearlie Koh, Steve Kourabas, Pey-Woan Lee, Susanna Leong, Natania Locke, Mia Rahim, Nydia Remolina, Zhaohui Shen, Rosemary Teele Langford, Susan Watson, Charlie Xiao-Chuan Weng, Shangxuan Wu
Contents
Contents:

Foreword viii
Acknowledgements xii
1 Introduction to Technology and Corporate Law 1
Andrew Godwin, Pey Woan Lee and Rosemary Teele Langford

PART I CORPORATE FORM
2 Viewing artificial persons in the AI age through the lens of
history 21
Susan Watson

PART II CORPORATE GOVERNANCE
3 The corporate board in an age of collaborative intelligence
and complex risk 43
Helen Bird and Natania Locke
4 Artificial intelligence and corporate boards: some ethical
implications 70
Vivienne Brand
5 Data explosion, disclosure and stepping stones 99
Rosemary Teele Langford
6 Recalibrating directors’ liabilities amidst technological flux 126
Pey Woan Lee and Susanna HS Leong

PART III GOVERNANCE DEMOCRATISATION
7 Shareholder empowerment in the digital age 152
Pearlie Koh
8 The first step of a long march: dual-class company
regulation and the experiment by the sci-tech and
innovation board in China 178
Charlie Xiao-chuan Weng, Shangxuan Wu and Zhaohui Shen
9 Corporate governance challenges in initial coin offerings 205
Aurelio Gurrea-Martínez and Nydia Remolina
10 Corporate governance implications of equity crowdfunding 227
Steve Kourabas

PART IV DATA ENHANCEMENTS AND
ALTERNATIVE MODELS FOR ‘CORPORATE’
GOVERNANCE
11 Corporate disclosure in a technology-enabled world 252
Andrew Godwin
12 Keep your ‘invisible hands’ to yourself: freeing corporate
governance from the cult of the ‘efficient market’ 277
David C Donald
13 The advent of decentralised autonomous business networks
in the disembodied economy: a discussion on why the
governance regimes of corporations and partnerships are
unsuitable to them 306
Moshood Abdussalam and Mia Rahim
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