The European Private Company Societas Privata Europaea Spe
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The European Private Company Societas Privata Europaea Spe
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Author : Heribert Hirte
language : en
Publisher: Walter de Gruyter
Release Date : 2012-12-19
The European Private Company Societas Privata Europaea Spe written by Heribert Hirte 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 2012-12-19 with Law categories.
Mit der Societas Privata Europaea (SPE) wird eine europäische Rechtsform eingeführt, auf die der exportorientierte Mittelstand seit vielen Jahren wartet. Die SPE kann schnell und kostengünstig für die Neugründung einer Auslandsaktivität eingesetzt werden oder durch Formwechsel aus einer nationalen Gesellschaft entstehen. Sie erlaubt außerdem die Bildung eines Netzes von ausländischen Vertriebs- und Servicegesellschaften in einer europaweit einheitlich anerkannten Rechtsform. Rechtsberater und Rechtswissenschaftler müssen für die Betrachtung der rechtlichen Einzelfragen in der SPE eine europäische Perspektive einnehmen. In dem ECFR-Sonderheft beleuchtet daher ein internationales Autorenteam die praktisch wichtigen Grundfragen der neuen Rechtsform aus wissenschaftlich vertiefter Perspektive: Gründung und Registerverfahren, anwendbares Recht, praktische Einsatzmöglichkeiten der SPE, Gläubigerschutz, innere Ordnung, Geschäftsleiterpflichten, Schutz von Minderheitengesellschaftern, Anfechtungsklagen gegen Gesellschafterbeschlüsse, Mitbestimmung der Arbeitnehmer, Steuerrecht. Die Autoren aus Dänemark, Deutschland, England, den Niederlanden, Polen und Spanien sind langjährige Spezialisten auf ihrem Gebiet und sowohl wissenschaftlich als auch praktisch ausgewiesen.
The European Private Company Societas Privata Europaea Spe
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Author : Heribert Hirte
language : en
Publisher: Walter de Gruyter
Release Date : 2013-03-08
The European Private Company Societas Privata Europaea Spe written by Heribert Hirte 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 2013-03-08 with categories.
The planned European legal form Societas Privata Europaea (SPE) is a limited liability company of a closed group of shareholders, and thus is comparable to the German GmbH. At the European-level, the SPE serves as a supplement to the European Limited Liability Company (SE), which proved to be too difficult for small and medium-sized companies for various reasons. The SPE will be introduced on the basis of a European regulation, the content of which has been largely agreed to by the member states.
The European Private Company Spe
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Author : D. F. M. M. Zaman
language : en
Publisher:
Release Date : 2009
The European Private Company Spe written by D. F. M. M. Zaman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Close corporations categories.
This book focuses on the Proposal for a Council Regulation on the Statute for a European Private Company (Societas Privata Europaea, SPE), as put forward by the European Commission in the summer of 2008. It adds to the comments already made in the legal literature by dealing with key aspects of the SPE Proposal in an extensive way and by including, where relevant, the amendments adopted by the European Parliament in March 2009. The book contributes to the debate on the characteristics of the SPE and how this legal form can best be implemented within the context of national law. The latter is illustrated by including a Dutch perspective of the various issues dealt with. The practical approach of the various topics addressed in the book makes it useful for practitioners as well as academics. The book analyzes: the need for the SPE, the role of private international law, the main issues related to the formation of the SPE and to its shares, the expulsion and withdrawal of shareholders, the provisions concerning the capital of the SPE, the internal organization, the 'voice' rights of shareholders, the duties and liabilities of the SPE's directors , the issue of employee participation, the transfer of the registered office of the SPE, corporate restructuring mechanisms like transformations, mergers, and divisions.
The Societas Privata Europaea
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Author : Claudia Winkler
language : en
Publisher: Springer
Release Date : 2012-04-27
The Societas Privata Europaea written by Claudia Winkler and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-27 with Law categories.
Claudia Winkler uses the proposed European private limited liability company (Societas Privata Europaea - SPE) as an occasion to take a fresh and critical look at the arising notion of regulatory competition in European corporate law. The SPE is the newest attempt of the European Union to support union-wide corporate mobility of small and medium enterprises, following the liberalizing line of the ECJ’s case law from Centros to Cartesio. The author defines regulatory competition as an active competition between legislators endeavoring to provide the most efficient and attractive company law, complemented by a dynamic demand by companies in search of the most favorable corporate statute. Winkler shows why regulatory competition is still only a myth in European corporate law and concludes that even the SPE would most likely not boost such a development but rather hinder it in its entirety.
Die Kapitalverfassung Der Societas Privata Europaea Spe
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Author : Stefanie Jung
language : de
Publisher: LIT Verlag Münster
Release Date : 2014
Die Kapitalverfassung Der Societas Privata Europaea Spe written by Stefanie Jung and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
Unlocking Company Law
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Author : Susan McLaughlin
language : en
Publisher: Routledge
Release Date : 2015-03-05
Unlocking Company Law written by Susan McLaughlin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-05 with Law categories.
Unlocking Company Law will help you grasp the main concepts of Company Law with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising. The information is clearly presented in a logical structure and the following features support learning helping you to advance with confidence: Clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject Key Facts boxes throughout each chapter allow you to progressively build and consolidate your understanding End-of-chapter summaries provide a useful check-list for each topic Cases and judgments are highlighted to help you find them and add them to your notes quickly Frequent activities and self-test questions are included so you can put your knowledge into practice Sample essay questions with annotated answers prepare you for assessment Glossary of legal terms clarifies important definitions This edition has been updated to include key recent changes and developments in company law, both case law and statutory. Two recent Supreme Court decisions on piercing the corporate veil, VTB Capital plc v Nutritek International Corp and others and Prest v Petrodel Resources Limited & Others, are examined, as is Popplewell J’s detailed judgment on directors’ duties in Madoff Securities International Limited (In Liquidation) v Raven and others. Important new provisions for binding votes and detailed disclosure of directors’ remuneration, changes to the company charges registration and narrative reporting regimes and new rules facilitating private company share reductions/buy-backs are outlined as are imminent developments included in the 2014 Deregulation Bill (stemming from the Government Red Tape Challenge). Commitment of the EU and UK Government to improving corporate governance of small and medium-sized enterprises (SMEs) makes core company law, the focus of this book, more relevant than ever. The books in the Unlocking the Law Series get straight to the point and offer clear and concise coverage of the law, broken-down into bite-size sections with regular recaps to boost your confidence. They provide complete coverage of both core and popular optional law modules, presented in an innovative, visual format and are supported by a website which offers students a host of additional practice opportunities.
German Corporate Governance In International And European Context
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Author : Jean J. du Plessis
language : en
Publisher: Springer
Release Date : 2017-10-07
German Corporate Governance In International And European Context written by Jean J. du Plessis and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-07 with Law categories.
The book provides 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. 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.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.
Organising The Firm
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Author : Petri Mäntysaari
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-09-18
Organising The Firm written by Petri Mäntysaari 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 2011-09-18 with Law categories.
The theoretical basis of commercial law, corporate governance law, and corporate law is still unsatisfactory. There essentially is no theory of commercial law, and existing theories of corporate governance and corporate law cannot explain the behaviour of firms or the contents of existing regulation. This book proposes a coordinated solution for all three areas. The starting point is that all three areas deal with the organisation of firms. Commercial law, corporate governance, and corporate law are therefore studied from the perspective of the firm rather than that of the judge or the investor. Changing the perspective makes it easier to formulate an "umbrella" theory of commercial law, and theories of corporate governance and corporate law as applications of the main theory. The book provides examples of how the proposed theories work by studying legal corporate governance tools and practices that increase the sustainability of the firm. Sustainability can be bolstered by making the governance model more self-enforcing and ensuring that it fosters innovation.
Unlocking Company Law
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Author : Sue McLaughlin
language : en
Publisher: Routledge
Release Date : 2013-04-26
Unlocking Company Law written by Sue McLaughlin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-26 with Law categories.
Company law is a vibrant and fast-moving area of the legal system. Unlocking Company Law will ensure that you grasp the main concepts with ease providing you with an essential foundation to company law. The book explains in detailed, yet straightforward, terms: Legal Structures of Business Organisations The Company as a Distinct Legal Person Company Formation and Linked Issues The Constitution of the Company Financing a Company Shareholders, shares and share capital Capital Maintenance and Distributions Governance of the Company Legally Binding the Company Directors' duties Rescuing Troubled Companies and Takeovers Winding up and Dissolution Transparency This second edition is fully up-to-date with the latest developments in the law, including all significant new cases. It also contains new material on rescuing troubled companies and takeovers. The Unlocking the Law series is designed specifically to make the law accessible. Each chapter opens with a list of aims and objectives, contains activities such as quick quizzes and self-test questions, key facts charts to consolidate your knowledge, and diagrams to aid learning. Cases and judgments are prominently displayed, as are primary source quotations. Summaries help check your understanding of each chapter, there is a glossary of legal terminology. The popular website www.unlockingthelaw.co.uk has been improved and updated. It provides free resources such as multiple choice questions, key questions and answers, revision mp3s and cases and materials exercises.
The Governing Law Of Companies In Eu Law
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Author : Justin Borg-Barthet
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-04-09
The Governing Law Of Companies In Eu Law written by Justin Borg-Barthet and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-09 with Law categories.
The manner in which the governing law of companies is determined has attracted much attention from academics and practitioners alike ever since the European Court of Justice began receiving references for preliminary rulings regarding the compatibility of protective conflict of corporate law norms with the EC Treaty provisions concerning freedom of establishment. Although recent developments have been less controversial than the ground-breaking judgment in Centros, they have not only consolidated the general thrust of liberalisation occasioned by the Court of Justice, but have added new dimensions to the regulatory landscape. These developments include amendments to the European constitutional order enshrined in the Lisbon Treaty, European legislation on cross-border mergers, the proposed statute for a European Private Company, the judgment of the Court of Justice in Cartesio and a Commission communication that contemplates the introduction of legislation on the governing law of companies. This book examines these recent developments and appraises the current law, as well as the foreseeable trajectory of the law, within a theoretical setting that addresses the socio-economic and legal-theoretical concerns associated with choices of the governing law of companies. In addition to considering the present and probable future state of EU law, the book also develops new theoretical perspectives and proposes novel solutions to long-standing dilemmas. In particular, it suggests that the use of information technology may render possible previously impossible compromises between party autonomy and the proper locus of prescriptive sovereignty.