Michele Corgatelli

Reconstructing the Framework of Institutional Investor Stewardship

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Abstract

The article offers a complete overview of the normative framework provided by Italian law and self-regulation regarding the stewardship of asset managers and asset owners. In particular, it focuses on the relationship between art. 124-quinquies of the Consolidated Law on Finance and soft law instruments, by outlining the overlaps and divergences between hard law and soft law under five different perspectives: the scope of application, the integration of ESG factors, the extension to debtholder stewardship, the type of collaborative engagement promoted, and the problem of enforcement.

Keywords

  • Institutional Shareholders
  • Asset Managers
  • Asset Owners
  • Stewardship
  • Shareholder Rights Directive II
  • Soft Law
  • Scope of Application
  • ESG
  • Debtholders
  • Collaborative Engagement
  • Enforcement

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