The European Company Law Action Plan Revisited
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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.
Modernization Of European Company Law And Corporate Governance
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Author : Gert-Jan Vossestein
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
Modernization Of European Company Law And Corporate Governance written by Gert-Jan Vossestein 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 2010-01-01 with Law categories.
This new book offers a substantial framework for examining the competence or powers of the EC in the field of company law, and the requirements for the lawful exercise of these powers (the principle of subsidiarity and the observance of Article 43 EC in particular). In order to provide a clear understanding of the practical relevance of this framework, the author tests the provisions of specific EC company law instruments for compatibility with the EC Treaty. Although the substantial body of EC company law that has been built up over the years is covered, the focus is on EC company law instruments which have been adopted in implementation of the 2003 Action Plan. The book includes a survey of the various company law instruments (both pre-and post-Action Plan) which together make up EC company law, and discusses the objectives of EC company law policy. --
The Spirit Of Corporate Law
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Author : Günter H. Roth
language : en
Publisher: Nomos Verlagsgesellschaft
Release Date : 2013
The Spirit Of Corporate Law written by Günter H. Roth and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Business enterprises categories.
Reading the Company Law Action Plan of the European Commission (issued on 21 May 2003) one cannot help having the impression that European company law policy has a certain focus on listed companies and will try to enhance their efficiency by way of state competition if possible, and by harmonisation only if need be. The same is true under the new Action Plan on European company law and corporate governance (issued on 12 December 2012). The book, to the contrary, is first of all based on the fact that throughout Europe only a small number of corporations are listed at all - the reality of corporate law is dominated by small and medium-size enterprises. Therefore legal standards pertaining to control transactions or investor protection and other topics of capital market law are not part of the core principles of corporate law. The question is not how to protect best the interests of shareholders but rather the interests of all parties affected by a firm's activities, including its creditors and other third parties. The Treaty on the Functioning of the European Union reminds us not to forget that when drawing the attention of the European legislator in the field of corporate law and freedom of establishment to directives safeguarding "the protection of the interests of members and others" (art. 50). The book is focusing on the perspective of key jurisdictions in continental Europe, such as (in an alphabetical order) Austria, France, Germany, Italy, Spain, Switzerland, and considering seminal inputs from Belgium, the Netherlands, Portugal and Scandinavian countries. Highlights - an up-to-date contribution to the imminent reforms in European company law emphasizing the continental European perspective - written by authors with great practical experience
Company Law And Economic Protectionism
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Author : Ulf Bernitz
language : en
Publisher: Oxford University Press
Release Date : 2010-12-23
Company Law And Economic Protectionism written by Ulf Bernitz and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-23 with Business & Economics categories.
A collection of essays examining the conflict between EU law and company law, covering a broad range of topics including takeovers, mergers and restructuring, sovereign wealth funds, and proportionality of ownership and control.
Comparative Corporate Governance
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Author : Andreas M. Fleckner
language : en
Publisher: Cambridge University Press
Release Date : 2013-07-11
Comparative Corporate Governance written by Andreas M. Fleckner 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 2013-07-11 with Law categories.
The business corporation is one of the greatest organizational inventions, but it creates risks both for shareholders and for third parties. To mitigate these risks, legislators, judges, and corporate lawyers have tried to learn from foreign experiences and adapt their regulatory regimes to them. In the last three decades, this approach has led to a stream of corporate and capital market law reforms unseen before. Corporate governance, the system by which companies are directed and controlled, is today a key topic for legislation, practice, and academia all over the world. Corporate scandals and financial crises have repeatedly highlighted the need to better understand the economic, social, political, and legal determinants of corporate governance in individual countries. Comparative Corporate Governance furthers this goal by bringing together current scholarship in law and economics with the expertise of local corporate governance specialists from twenty-three countries.
The Company Law In The European Dimension
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Author : Diana Druta
language : en
Publisher: Diana Druta
Release Date : 2014-12-01
The Company Law In The European Dimension written by Diana Druta and has been published by Diana Druta this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Business & Economics categories.
The transfer of companies’ registered office about production activities of goods and services, it is an operation in which both the EU doctrine and case law have increasingly been converging during last decade. It matches to the phenomenon of company’s “localization” (and de-localization) as a strategic leverage for managing issues into European economic system. The practice is clearly recalling the companies’ freedom of establishment for economic reasons (and tax) as the engine of the European integration that guarantees to companies the way to survive to a global market and the possibility to develop their economic strategy as well as the greater competition with foreign companies.
Principles Of Contemporary Corporate Governance
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Author : Jean Jacques du Plessis
language : en
Publisher: Cambridge University Press
Release Date : 2018-02-02
Principles Of Contemporary Corporate Governance written by Jean Jacques du Plessis 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 2018-02-02 with Business & Economics categories.
Offers comprehensive coverage of the key topics and emerging themes in private sector corporate governance.
German Corporate Governance In International And European Context
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Author : Jean J. du Plessis
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-01-14
German Corporate Governance In International And European Context written by Jean J. du Plessis and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-14 with Law categories.
Corporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on these important topics. This second edition is an extensively revised and updated version of the first edition, in particular with a view to the worldwide debt crisis. The authors provide readers with an overview of the unique features of German business and enterprise law and an in-depth analysis of the organs of governance of German public limited companies (general meeting, management board, supervisory board). In addition, approaches for reforms required at the international level are also suggested and discussed, including, among others, the unique interplay and dynamics of the German two-tier board model with the system of codetermination, referring to the arrangement of employees sitting on the supervisory boards of German public limited companies and private companies employing more than 500 employees; also covered are significant recent legal developments in Europe. The book highlights the core function of valuation and financial reporting at the international, European and German levels, with accounting as the documentary proof of good corporate governance. It also expands the scope of the first edition by a treatment of the German financial sector, global corporate finance and governance, and by including a new chapter on compliance of corporate governance laws, rules and standards in Germany. As far as comparative law is concerned, new developments in the area of corporate governance in the EU, the OECD Principles of Corporate Governance and corporate governance in the US, the UK and Australia are covered. The book is addressed to researchers, practitioners and basically anyone with an interest in the complex, but intriguing areas of corporate law and corporate governance.
Principles Of Corporate Finance Law
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Author : Eilis Ferran
language : en
Publisher: OUP Oxford
Release Date : 2014-02-20
Principles Of Corporate Finance Law written by Eilis Ferran and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-20 with Law categories.
Corporate finance theory seeks to understand how incorporated firms address the financial constraints that affect their investment decisions. This is achieved by using varied financial instruments that give holders different claims on the firm's assets. Recent scholarship in this area explores precisely how legal mechanisms affect corporate finance and the development of financial markets. The legal environment is crucially important in explaining the choices that companies make about their capital structure. This book combines company law, capital market regulation and commercial law to give readers a detailed understanding of the legal and regulatory issues relating to corporate financial transactions. Informed by insights from the theoretical and empirical work of financial economists, the book examines, from a legal perspective, key elements of corporate financing structures and capital markets in the UK. The authors' practical experience of transactions and regulatory issues ensures that thorough scholarly inquiry and critical reflection are complemented by an assured understanding of the interface between legal principles and rules as they are documented and in their actual operation.
European Corporate Law
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Author : A. F. M. Dorresteijn
language : en
Publisher:
Release Date : 2009
European Corporate Law written by A. F. M. Dorresteijn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Conflict of laws categories.
In the past few years, the European Commission and the European Court of Justice have each in their own way contributed to a resurgence of the harmonisation programme in corporate law. The Court's trilogy of its Centros, �berseering and Inspire Art judgements have marked a fundamental policy switch regarding the right of establishment for companies and other legal entities. And, perhaps most significantly, the Commission is now encouraged to launch a draft Statute for a European Private Company which it is hoped will be a supranational business organisation as was originally envisaged for the SE. However, notwithstanding these developments, at the national level diversity is still the key word for those who try to understand corporate laws within the EU. As in the First Edition (1995) of this well-known book, the authors demonstrate that analysis and comparison of national corporate laws on a number of issues yield highly valuable general principles and observations, not least because business organisations, wherever located, tend to show a fundamentally similar set of legal characteristics. To its original selection of six representative jurisdictions - Belgium, France, Germany, The Netherlands, Spain, and the United Kingdom - the Second Edition now adds Poland, thus including an Eastern European perspective to supplement those of continental Europe and the common law system of the UK. The book provides in-depth examination of the implications involved in such issues and trends as the following: ; acknowledgement by other Member States of the legal status of a company formed in accordance with a particular national law; a company's freedom to incorporate in a jurisdiction not its own; competition among the legal forms of different Member States; safeguarding of employee involvement in cross-border transactions, especially mergers; simplified company forms adopted in several jurisdictions; creation of new forms of business organisations and step-up varieties of existing company forms; and developments regarding group law. Noting a powerful trend to modernise company law in order to meet the cross-border needs of the European business community, this revised edition will continue to be of great value to practitioners and academics who wish to acquire a better understanding of European corporate law, in its supranational dimension as well as in the similarities and differences among the various national legal systems.