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A Comparative Study Of Shareholders Derivative Actions


A Comparative Study Of Shareholders Derivative Actions
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A Comparative Study Of Funding Shareholder Litigation


A Comparative Study Of Funding Shareholder Litigation
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Author : Wenjing Chen
language : en
Publisher: Springer
Release Date : 2017-04-25

A Comparative Study Of Funding Shareholder Litigation written by Wenjing Chen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-25 with Law categories.


This book studies the funding problems with shareholder litigation through a functionally comparative way. In fact, funding problems with shareholder lawsuits may largely discourage potential shareholder litigants who bear high financial risk in pursuing such a claim, but on the other hand they may not have much to gain. Considering the lack of incentives for potential shareholder claimants, effective funding techniques should be in place to make shareholder actions function as a corporate governance tool and discipline corporate management. The book analyzes, among others, the practice of funding shareholder litigation in the Australia, Canada, the UK, the US and Israel, and covers all of the typical approaches being used in financing shareholder litigation in the current world. For instance, Israel and Canada (Quebec and Ontario) are probably unique in having a public funding mechanism for derivative actions and class actions, while Australia is the country where third party litigation funding is originated and is growing rapidly. Based on this comparative research, the last part of this book discusses how to fund shareholder litigation in China in context of its social and legal background and what kind of problems need to be solved if certain funding techniques are used.



A Comparative Study Of Shareholders Derivative Actions


A Comparative Study Of Shareholders Derivative Actions
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Author : Xiaoning Li
language : en
Publisher: Kluwer Law International
Release Date : 2007

A Comparative Study Of Shareholders Derivative Actions written by Xiaoning Li and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Derivative securities categories.


In this book shareholders' derivative actions in England, The US, Germany and China are being compared. Western countries among themselves take differing approaches towards derivative action in practice, including its very role and the mechanisms for regulating it. As far as the function of derivative action is concerned, The author concludes that (1) derivative actions play different roles in all these countries; (2) their function may vary according To The agency problems to be solved and the type and size of the companies involved; (3) derivative action is only one method in a comprehensive system of corporate governance. Comparative study shows that the issue of how to strike a balance between corporate efficiency and protection For The company and its minority shareholders is key in derivative actions.



The Derivative Action In Asia


The Derivative Action In Asia
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Author : Dan W. Puchniak
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-28

The Derivative Action In Asia written by Dan W. Puchniak and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-28 with Business & Economics categories.


In-depth analysis of the derivative action in Asia - a critical part of Asian corporate law and governance.



Derivative Actions And Corporate Governance In China


Derivative Actions And Corporate Governance In China
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Author : Jingchen Zhao
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-12-06

Derivative Actions And Corporate Governance In China written by Jingchen Zhao and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-06 with Law categories.


This book examines corporate governance rules in China, and highlights the deficiencies in current company law, with the purpose of arguing for a more effective derivative action mechanism, for the benefit of shareholders and their companies.



Proceedings Of The 2023 3rd International Conference On Enterprise Management And Economic Development Icemed 2023


Proceedings Of The 2023 3rd International Conference On Enterprise Management And Economic Development Icemed 2023
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Author : Gaikar Vilas
language : en
Publisher: Springer Nature
Release Date : 2023-08-22

Proceedings Of The 2023 3rd International Conference On Enterprise Management And Economic Development Icemed 2023 written by Gaikar Vilas and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-22 with Business & Economics categories.


This is an open access book. 2023 3rd International Conference on Enterprise Management and Economic Development (ICEMED2023) will be held in Xi'an, China on May 12–14, 2023. Enterprise management is the general term for a series of functions such as organizing, planning, commanding, supervising and regulating the production and operation activities of enterprises. Relative to economic growth, economic development is the core concept of development economics. Economic development refers to the high-quality development of the economy, including quality and quantity, rather than merely the growth of quantity. Enterprise management covers economics, management, business management, financial management, human resource management and other aspects, and is a comprehensive interdisciplinary science that spans natural science, engineering science, technical science and humanities and social science. Enterprise management comes into being with the development of modern socialized mass production. The use of modern management means and methods to manage enterprises, ensure the survival and development of enterprises, and play a positive role in promoting economic development. ICEMED2023 will bring together experts and scholars from relevant fields to discuss the relationship between enterprise management and economic development. Reasonable enterprise management is an important way to promote the economic development of enterprises. Scientific and reasonable use of industrial and commercial enterprise management knowledge can reasonably carry out effective macro-control on the enterprise economy and ensure the stable progress and development of the enterprise economy.



Shareholder Protection Reconsidered


Shareholder Protection Reconsidered
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Author : Georgios Zouridakis
language : en
Publisher: Routledge
Release Date : 2019-11-26

Shareholder Protection Reconsidered written by Georgios Zouridakis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-26 with Business & Economics categories.


This book examines the role and potential of derivative actions in shareholder protection in public limited companies. Derivative actions have been a focal point of legislators’ agendas on shareholder protection, in the past few decades, throughout Europe and beyond. Nevertheless, there remain jurisdictions, such as Greece, which are still devoid of this remedy. Against this backdrop, this book examines whether and how the derivative action may improve shareholder protection, constituting thus a mechanism that justifies legislative attention. It does so in three parts. First, it analyses the desirable role derivative actions assume in protecting shareholder property, monitoring corporate management and mitigating agency costs, alongside their economic implications, introducing the reader to the contemporary international debate on the topic. Having set the desiderata, the second part proceeds with the comparative analysis of Greek, German and UK law – jurisdictions that have recently reformed their provisions on shareholder protection – examining not only the law on derivative actions and their Greek counterpart remedy but also mechanisms of shareholder protection that do, or could, assume functions similar to those of the derivative action. By critically assessing the merits and failures of the respective UK, German and Greek shareholder protection laws, the book then proceeds to offer (in Part III) a model framework of shareholders’ derivative litigation for jurisdictions considering reform. Written in an accessible format, it will be an invaluable resource for anyone interested in this important aspect of company law and corporate governance.



Global Shareholder Stewardship


Global Shareholder Stewardship
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Author : Dionysia Katelouzou
language : en
Publisher:
Release Date : 2022-05-04

Global Shareholder Stewardship written by Dionysia Katelouzou and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-04 with Law categories.


This is the first in-depth comparative and empirical analysis of shareholder stewardship, revealing the previously unknown complexities of this global movement. It highlights the role of institutional investors and other shareholders, examining how they use their formal and informal power to influence companies. The book includes an in-depth chapter on every jurisdiction which has adopted a stewardship code and an analysis of stewardship in the world's two largest economies which have yet to adopt a code. Several comparative chapters draw on the rich body of jurisdiction-specific analyses, to analyze stewardship comparatively from multiple interdisciplinary perspectives. Ultimately, this book provides a cutting-edge and comprehensive understanding of shareholder stewardship which challenges existing theories and informs many of the most important debates in comparative corporate law and governance.



Research Handbook On Representative Shareholder Litigation


Research Handbook On Representative Shareholder Litigation
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Author : Sean Griffith
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018

Research Handbook On Representative Shareholder Litigation written by Sean Griffith and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Business & Economics categories.


Written by leading scholars and judges in the field, the Research Handbook on Representative Shareholder Litigation is a modern-day survey of the state of shareholder litigation. Its chapters cover securities class actions, merger litigation, derivative suits, and appraisal litigation, as well as other forms of shareholder litigation. Through in-depth analysis of these different forms of litigation, the book explores the agency costs inherent in representative litigation, the challenges of multijurisdictional litigation and disclosure-only settlements, and the rise of institutional investors. It explores how related issues are addressed across the globe, with examinations of shareholder litigation in the United States, Canada, the United Kingdom, the European Union, Israel, and China. This Research Handbook will be an invaluable resource on this important topic for scholars, practitioners, judges and legislators.



Chinese Companies And The Hong Kong Stock Market


Chinese Companies And The Hong Kong Stock Market
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Author : Flora Xiao Huang
language : en
Publisher: Routledge
Release Date : 2013-10-30

Chinese Companies And The Hong Kong Stock Market written by Flora Xiao Huang and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-30 with Social Science categories.


Listing by companies from one country on the stock market of another country is a device often used both to raise capital in, and to increase bonding with, the target country. This book examines the listing by Chinese companies on the Hong Kong stock market. It discusses the extent of the phenomenon, compares the two different regulatory regimes, and explores the motivations for the cross-listing. It argues that a key factor, in addition to raising capital and bonding with the Hong Kong market, is Chinese companies’ desire to encourage legal and regulatory reforms along Hong Kong lines in mainland China, in order to develop and open up China’s domestic capital markets.



Chinese And Global Financial Integration Through Stock Connect


Chinese And Global Financial Integration Through Stock Connect
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Author : Flora Huang
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-10-19

Chinese And Global Financial Integration Through Stock Connect written by Flora Huang and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-19 with Law categories.


This significant and timely book explores a novel market mechanism, Stock Connect, which gives mutual market access to Chinese and international investors, and provides original analyses and fresh insights. This mechanism could become the new normal in future global financial integration. By examining this cross-border scheme from a regulatory perspective via a three-tiered analytical framework (investors, issuers and regulators), this book unearths the profound implications of Stock Connect to local and global financial markets and the legal impediments to its implementation. It covers a broad range of topics in this cross-boundary investment channel, including an overview of four existing connectivity arrangements (Shanghai-Hong Kong, Shenzhen-Hong Kong, Shanghai-London and China-Switzerland), the uniqueness of these connectivity arrangements, investor protection, regulations of connect issuers, regulatory cooperation and enforcement, the impacts on local and global financial markets, the implications for the world market connectivity as well as the challenges and future of Stock Connect. This pioneering study will appeal to a broad range of readers who are interested in the on-going reshaping of international financial systems and China's emerging influence in the international financial order.