Ex post protection to false corporate governance statements

Ana Sílvia Falcão Mestre Efigénia

Keywords

False statements; corporate governance; comply or explain; legal effect; ex post; soft law

Abstract

A corporate governance statement may lead, for example, an investor to invest, not to invest, or maintain its position. If the statement is false, can harm investors, creditors, partners, third parties, or society itself. Accordingly, it is of great importance to analyse the possible ex postprotection solutions for these comply or explain statements in the context of corporate governance. We conclude that our legal system is equipped with various forms of protection against this type of statements, giving legal effect to them and to the principle comply or explain.