Related Party Transactions

Austrian as well as German company law exhibit only punctual regulation of Related Party Transactions. With the implementation of the second shareholder rights directive there are now e.g. provisions requiring board approval or disclosure of specific Related Party Transactions, applying only to a small fraction of transactions. Delaware on the contrary has comprehensive case law on Related Party Transactions. It seems the dangers of Related Party Transactions, i.e. conflicts of interest in the board and exploitation of the corporation and its shareholders have been pertinent in Delaware long before the European legislator saw the need for increased regulation. However, the legal strategies used to regulate Related Party Transactions in all three jurisdictions are similar.