ABSTRACT

This chapter explores that how the law conceptualize and treats company capital, shares and shareholder entitlements. In the first part of this chapter, it shows how the legal definition of the share was reflected in the context of the post-war period when claims to profit were downgraded in favour of community interest. It then goes on to examine the rise of neoliberalism and how the share is understood in this context. In the next section, the chapter will show some examples of how the interests of this class of rentier capitalists are enabled through the capital maintenance regime. Thus, the chapter shows that whether a shareholder's property claim to the surplus created by the assets of the company - but not the assets themselves - will be seen as a limited claim or not will depend on the wider political context.