Regulating Corporate Governance In The Eu
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Regulating Corporate Governance In The Eu
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Author : L. Horn
language : en
Publisher: Springer
Release Date : 2011-11-22
Regulating Corporate Governance In The Eu written by L. Horn and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-22 with Political Science categories.
In the context of the financial and economic crisis, corporate governance and regulatory supervision failures, Laura Horn investigates one of the defining questions in social power relations in contemporary capitalism: who controls the modern corporation, and why.
Instruments Of Eu Corporate Governance
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Author : Hanne S. Birkmose
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-12-09
Instruments Of Eu Corporate Governance 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 2022-12-09 with Law categories.
European Company Law Series, Volume 19 Compelling new perspectives on corporate governance – including attention to increased shareholder engagement, long-term value creation, and sustainability – have given rise to major changes in the management of companies. Yet, until this book, there has been no systematic account of the legislative and soft law instruments designed to promote good corporate governance practices across the range of sizes and types of companies. The book analyses the various instruments that legislators and others have used to promote good corporate governance in European companies and assesses their value in practice. Nineteen well-known scholars of business and corporate law delve into how such issues and topics as the following are approached across the spectrum of corporate governance instruments available in Europe: corporate codes of conduct; procedural rules regulating how directors make decisions; rules on board composition and remuneration; regulating boards in small- and medium-sized enterprises; public enforcement of directors’ duties; how digitalisation may affect implementation of corporate governance instruments; reporting rules; rules on the empowerment of minority shareholders; the role of the general meeting; regulation of the market for corporate control; certifications; rules on liability of directors; and role of auditors and accountants. In its in-depth analysis of the benefits and potential disadvantages of each instrument and what may be achieved both at company level and generally, this book will prove of value to all concerned with promoting responsible corporate governance, whether in business, government, or academia.
Corporate Governance In Context
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Author : Klaus J. Hopt
language : en
Publisher:
Release Date : 2005
Corporate Governance In Context written by Klaus J. Hopt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Corporate governance categories.
Increased regulatory competition has sharpened the comparative awareness of advantages or disadvantages of different national models of political economy, economic organization, governance and regulation. Although institutional change is slow and subject to functional complementarities as wellas social and cultural entrenchment, at least some features of successful modern market economies have been in the process of converging over the last decades. The most important change is a shift in governance from state to the market. As bureaucratic ex-ante control is replaced by judicial ex-postcontrol, administrative discretion is replaced by the rule of law as guidelines for the economy. Furthermore, at least to some extent, public enforcement is being reduced in favor of private enforcement by way of disclosure, enhanced liability, and correspondent litigation for damages. Corporatistapproaches to governance are giving way to market approaches, and outsider and market-oriented corporate governance models seem to be replacing insider-based regimes.This transition is far from smooth and poses a daunting challenge to regulators and academics trying to redefine the fundamental governance and regulatory setting. They are confronted with the task of making or keeping the national regulatory structure attractive to investors in the face ofcompetitive pressures from other jurisdictions to adopt state-of-the-art solutions. At the same time, however, they must establish a coherent institutional framework that accommodates the efficient, modern rules with the existing and hard-to-change institutional setting. These challenges - put in acomparative and interdisciplinary perspective - are the subject of the book. As a reflection of the transnationality of the issues addressed, the world's three leading economies and their legal systems are included on an equal basis: the EU, the U.S., and Japan across each of the subtopics ofcorporations, bureaucracy and regulation, markets, and intermediaries.
The Transnational Politics Of Corporate Governance Regulation
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Author : Henk Overbeek
language : en
Publisher: Routledge
Release Date : 2007-04-30
The Transnational Politics Of Corporate Governance Regulation written by Henk Overbeek and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-04-30 with Business & Economics categories.
This ambitious volume explores the politics of recent changes in corporate governance regulation and the transnational forces driving the process. Corporate governance has in the 1990s become a catchphrase of the global business community. The Enron collapse and other recent corporate scandals, as well as growing worries in Europe about the rise of Anglo-Saxon finance, have made issues of corporate governance the subject of political controversies and of public debate. The contributors argue that the regulation of corporate governance is an inherently political affair. Given the context of the deepening globalization of the corporate world, it is also increasingly a transnational phenomenon. In terms of the content of regulation the book shows an increasing reliance on the application of market mechanisms and a tendency for corporations themselves to become commodities. The emerging new mode of regulation is characterized by increasing informalization and by forms of private regulation. These changes in content and mode are driven by transnational actors, first of all the owners of internationally mobile financial capital and their functionaries such as coordination service firms, as well as by key public international agencies such as the European Commission. The Transnational Politics of Corporate Governance Regulation will be of interest to students and researchers of international political economy, politics, economics and corporate governance.
The European Company Statute
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Author : Michael Gold
language : en
Publisher: Peter Lang
Release Date : 2009
The European Company Statute written by Michael Gold and has been published by Peter Lang this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business & Economics categories.
The European Company Statute is one of the most important pieces of company legislation adopted so far by the European Union. Its aim is to regulate the internal functions of a business operating in more than two European countries. This book provides an analysis of the history, structure, legal basis and likely impact of the ECS.
The Governance Of Insurance Undertakings
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Author : Pierpaolo Marano
language : en
Publisher: Springer Nature
Release Date : 2022-03-14
The Governance Of Insurance Undertakings written by Pierpaolo Marano and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-14 with Law categories.
This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation brings together contributions from authors with different legal cultures. It aims to identify the legal issues that arise from the intersection of two disciplines: insurance law and corporate/company law. These legal issues are examined mainly from the perspective of European Union (EU) law. However, there are also contributions from other legal systems, enriching the perspective with which to approach these issues.
Dynamics Of Eu Corporate Governance Regulation
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Author : Klaus R. Ilmonen
language : en
Publisher:
Release Date : 2016
Dynamics Of Eu Corporate Governance Regulation written by Klaus R. Ilmonen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
After Enron
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Author : John Armour
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-11-14
After Enron written by John Armour and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-11-14 with Law categories.
At the end of the twentieth century it was thought by many that the Anglo-American system of corporate governance was performing effectively and some observers claimed to see an international trend towards convergence around this model. There can be no denying that the recent corporate governance crisis in the US has caused many to question their faith in this view. This collection of essays provides a comprehensive attempt to answer the following questions: firstly, what went wrong - when and why do markets misprice the value of firms, and what was wrong with the incentives set by Enron? Secondly, what has been done in response, and how well will it work - including essays on the Sarbanes-Oxley Act in the US, UK company law reform and European company law and auditor liability reform, along with a consideration of corporate governance reforms in historical perspective. Three approaches emerge. The first two share the premise that the system is fundamentally sound, but part ways over whether a regulatory response is required. The third view, in contrast, argues that the various scandals demonstrate fundamental weaknesses in the Anglo-American system itself, which cannot hope to be repaired by the sort of reforms that have taken place. "This collection of papers by leading US and European corporate law scholars provides fresh and rigorous analyses of the recent corporate governance scandals and the strategies devised by regulators to guard against future governance failures." Randall Thomas, John Beasley Professor of Law and Business, Vanderbilt University School of Law, Vanderbilt University.
Evolutions In Corporate Governance
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Author : Alison L. Dempsey
language : en
Publisher: Routledge
Release Date : 2017-09-08
Evolutions In Corporate Governance written by Alison L. Dempsey and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-08 with Business & Economics categories.
In a world where the implications and consequences of corporate actions and decisions are potentially far-reaching and lasting, ethical standards − their observance and their breach − must be part of the language of business conduct, whether in the context of corporate transgressions, regulatory effectiveness, terms of engagement between business and their stakeholders, or the metrics used by investors in assessing performance and risk and understanding long-term value. This critically important book proposes a new paradigm for understanding, developing and maintaining standards of corporate governance. Its point of departure is not a position along the diverse paths of traditional corporate governance and regulatory theory, law and practice, nor specific questions of how to institute, implement and observe policies and practices that function as proxies for good governance. Instead, it starts with the idea of framing governance generally, and corporate governance specifically, as a matter of conduct that is guided by a set of fundamental ideals and principles. Evolutions in Corporate Governance attempts to answer the wider question of how to re-imagine a framework within which ‘good’ corporate governance − that takes account of and is responsible for the social, environmental, ethical as well as legal and economic dimensions of business conduct − is addressed alongside issues of profitability and competition, in the face of forces of globalization and business influence that are testing the limits of what can be accomplished by traditional law and regulation. Dempsey contends that meaningful change in behaviour will only come when there is a corporate governance framework that explicitly encompasses both law and ethics.
Corporate Boards In Law And Practice
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Author : Paul Davies
language : en
Publisher: OUP Oxford
Release Date : 2013-11-28
Corporate Boards In Law And Practice written by Paul Davies and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-28 with Law categories.
Corporate boards play a central role in corporate governance and are thus regulated in the corporate law and corporate governance codes of all industrialized countries. Yet while there is a common core of rules on the boards considerable differences remain. These differences depend partly on shareholder structure, partly on historical, political and social developments and especially employee representation on the board. More recently, in particular with the rise of the international corporate governance code movement, there is a clear tendency towards convergence, at least in terms of the formal provisions of the codes. This book analyses the corporate boards, their regulation in law and codes and their actual functioning in ten European countries (Belgium, France, Germany, Italy, the Netherlands, Poland, Spain, Sweden, Switzerland and the United Kingdom). It offers the most up to date practical and analytical information on boards in Europe by leading company law experts. The issues addressed include: board structure, composition and functioning (one tier v. two tier, independent directors, expertise and diversity, separating the chair and the CEO functions, information streams, committees, voting and employee representation); enforcement by liability rules (in particular conflicts of interest), incentive structures (remuneration) and shareholder activism.