Belgian And European Perspectives On Creditor Protection In Closed Companies
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Belgian And European Perspectives On Creditor Protection In Closed Companies
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Author : Diederik Bruloot
language : en
Publisher:
Release Date : 2019
Belgian And European Perspectives On Creditor Protection In Closed Companies written by Diederik Bruloot and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Corporations categories.
This volume contains the papers presented during a workshop at Ghent University's Financial Law Institute. The aim of the workshop was to confront the new Belgian framework on creditor protection in closed companies with foreign experiences and insights from recent legal and empirical research. The book deals with questions of creditor protection throughout the lifespan of companies: from the time of their formation, over the different kinds of distributions, to their winding-up. Some contributions focus on more topical issues of creditor protection like the subordination of shareholder loans or the foreclosure of security interests. The book contributes to the continuing debate on the optimal legal strategy regarding creditor protection. Furthermore, it provides valuable insights on the background and foundations of the remarkable approach towards creditor protection in closed companies in the new 2019 Belgian Companies Act. Contributions by Diederik Bruloot and Evariest Callens, Isabelle Corbisier, Hans De Wulf, Miguel Gimeno Ribes, Frederic Helsen, Simon Landuyt, Christoph Van der Elst and Jasper Van Eetvelde.
Creditor Protection In Private Companies
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Author : Thomas Bachner
language : en
Publisher:
Release Date : 2009
Creditor Protection In Private Companies written by Thomas Bachner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Corporation reserves categories.
Investigates mechanisms in English and German law that protect creditors against the abuse of limited liability by directors and shareholders.
Corporate Finance For Lawyers
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Author : Rolef de Weijs
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-02-14
Corporate Finance For Lawyers written by Rolef de Weijs 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 2023-02-14 with Law categories.
Corporate Finance for Lawyers explores the intricate relationship between law and corporate finance. Utilising the ‘Financial Mindmap’ throughout, chapters depict financial concepts by using colours and visualisations in a clear and intuitive manner.
Legal Capital In Europe
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Author : Marcus Lutter
language : en
Publisher: Walter de Gruyter
Release Date : 2006
Legal Capital In Europe written by Marcus Lutter and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Business & Economics categories.
Europe has known very different systems of company laws for a long time. These differences do not only pertain to the board structures of public companies, where single-tier and two-tier structures can be distinguished, they also pertain to the principles of fixed legal capital. Fixed legal capital is not a traditional ingredient of English and Irish company law and had to be incorpo-rated into these legal systems (only) for public limited companies according to the Second European Company Law Directive of 1976. Both jurisdictions have never really embraced these rules. Against this background, the British Accounting Standards Board (ASB) and the Company Law Centre at the British Institute of International and Comparative Law (BIICL) have initiated and supported a study of the benefits of this legal system by a group of experts led by Jonathan Rickford. The report of this group has been published in 2004. Its result was that legal capital was costly and superfluous; hence, the Second Directive should be repealed. The British government has adopted this view and wants the European Commission to act accordingly. Against this background a group of German and European company law experts, academics as well as practitioners, have come together to scrutinise sense and benefits of fixed legal capital and all its specific elements guided by the following questions: What is the relevant legal concept supposed to achieve? What does it achieve in reality? What criticisms are there? Which proposals or alternatives are available? From the outset the group of experts has endeavoured to cooperate with foreign colleagues, which resulted in very fruitful and pleasant exchanges. This volume contains, besides an executive summary of the results, 16 essays on specific aspects of legal capital in Germany covering also neighbouring fields of law (e.g. accounting, insolvency);7 reports on fixed legal capital in other jurisdictions (France, Great Britain, Italy, the Netherlands, Poland, Spain and the U.S.A.) addressing the same questions as the essays on German law. The British initiative disapproves of the Second Directive. The Directive does only deal with public limited companies in Europe, which is reflected in the analysis presented here. It is only concerned with the fixed legal capital of public limited companies, not with capital issues of private companies. The study has arrived at a result that differs completely from that of the Rickford group. It verifies the usefulness of the concept of fixed legal capital and wishes to convince the European Commission of the benefits of the Second Company Law Directive.
The European Company Law Action Plan Revisited
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Author : Koen Geens
language : en
Publisher: Leuven University Press
Release Date : 2010
The European Company Law Action Plan Revisited written by Koen Geens and has been published by Leuven University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Corporate governance categories.
The harmonization of company law has always been on the agenda of the European Union. Besidesthe protection of third parties affected by business transactions, the founders had two other objectives: first, promoting freedom of establishment, and second, preventing the abuse of such freedom. The European Commission issued its Company Law Action Plan in 2003. In this volume researchers of the Jan Ronse Institute for Company Law of the Katholieke Universiteit Leuven present five chapters on the main priorities of the Action Plan: capital and creditor protection,corporate governance, one share one vote, financial reporting, and corporate mobility. The book also includes responses and ensuing discussions by reputed European company law experts.
Creditor Protection In Private Companies
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Author : Thomas Bachner
language : en
Publisher: Cambridge University Press
Release Date : 2009-04-16
Creditor Protection In Private Companies written by Thomas Bachner 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 2009-04-16 with Business & Economics categories.
Investigates mechanisms in English and German law that protect creditors against the abuse of limited liability by directors and shareholders.
European Company Law
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Author : Andrea Vicari
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2021-03-08
European Company Law written by Andrea Vicari and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-08 with Law categories.
The book provides students of European company law courses, scholars and practitioners with an overview. Although company law remains mainly regulated at the level of national laws, it has become important to obtain a systematic view of the main directives in the field of company law, the EU Court of Justice’s jurisprudence, the European Model Company Act and the state of implementation of these directives in the member states of the Union. The book therefore contains, in addition to the illustration of the law laid down by EU legislative bodies and the related soft laws, detailed references to the most important domestic legislations and case laws, in order to make them known and usable as much as possible. Moreover, the book allows identifying the most relevant current legislative trends and the main historical reasons for divergences.
Abuse Of Companies
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Author : Hanne S. Birkmose
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-09-05
Abuse Of Companies written by Hanne S. Birkmose and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-05 with Law categories.
Whether the corporate form is used to avoid liabilities or cover illegal acts, or whether abuse is practised to obtain certain advantages, the subject of this first-ever in-depth survey and analysis garners more attention every day – both in legal literature and in popular media. Taken together, the authoritative contributions in this book clearly and comprehensively reveal typical situations where abuse may take place and how company law and other areas of law have tackled these incidents and practices in a variety of key jurisdictions. Focusing on Europe but with global implications, the topics raised include the following: how group structures may be used by multinational enterprises to escape regulation and avoid taxation; whether the decision to incorporate a company in a particular jurisdiction may be abusive; companies set up for the purpose of money laundering; letterbox companies formed as a front to allow a company to benefit from one legal regime and avoid others; ex post transfers of seats such as cross-border mergers and conversions; when the use of phoenix companies may constitute an abuse of the corporate form; how corporate mobility is used to circumvent worker participation; and how online company formation and technological innovation may foster abuse. This book helps to explain how the line is drawn between abuse and (creative) use of the corporate form. Remedies covered include restricting the use of bearer shares, setting minimum capital requirements, piercing the corporate veil, ensuring transparency of beneficial ownership, using insolvency law to lodge claims against directors and shareholders and recover assets, and applying the general principle prohibiting abuse. There is no other book on the market focusing on abuse of companies and giving such a comprehensive analysis of the topic. Practitioners will get guidelines on how to avoid becoming involved in activities that may constitute abuse and how to address instances where abuse has occurred, and interested academics, legislators, and enforcement authorities in Europe and beyond will find this book’s perspectives invaluable.
Eurasian Business Perspectives
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Author : Mehmet Huseyin Bilgin
language : en
Publisher: Springer
Release Date : 2019-06-03
Eurasian Business Perspectives written by Mehmet Huseyin Bilgin and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-03 with Psychology categories.
This volume of Eurasian Studies in Business and Economics includes selected papers from the 24th Eurasia Business and Economics Society (EBES) Conference, held in Bangkok. The theoretical and empirical papers gathered here cover diverse areas of business and management from different geographic regions; yet the main focus is on the latest findings on evolving marketing methods, analytics, communication standards, and their effects on customer value and engagement. The volume also includes related studies that analyze sustainable consumer behavior, and business strategy-related topics such as cross-border restructuring, quality management standards, and the internationalization of SMEs.
Eurasian Economic Perspectives
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Author : Mehmet Huseyin Bilgin
language : en
Publisher: Springer Nature
Release Date : 2020-09-28
Eurasian Economic Perspectives written by Mehmet Huseyin Bilgin and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-28 with Business & Economics categories.
This book presents selected papers from the 26th and 27th Eurasia Business and Economics Society (EBES) Conferences, held in Prague, Czech Republic, and Bali, Indonesia. While the theoretical and empirical papers gathered here cover diverse areas of economics and finance in various geographic regions, the main focus is on the latest research concerning banking and finance, as well as empirical studies on emerging economies and public economics. The book also includes studies on political economy and regional studies.