Download or read book The Anatomy of Corporate Law written by Reinier Kraakman and published by OUP Oxford. This book was released on 2009-07-23 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the long-awaited second edition of this highly regarded comparative overview of corporate law. This edition has been comprehensively updated to reflect profound changes in corporate law. It now includes consideration of additional matters such as the highly topical issue of enforcement in corporate law, and explores the continued convergence of corporate law across jurisdictions. The authors start from the premise that corporate (or company) law across jurisdictions addresses the same three basic agency problems: (1) the opportunism of managers vis-à-vis shareholders; (2) the opportunism of controlling shareholders vis-à-vis minority shareholders; and (3) the opportunism of shareholders as a class vis-à-vis other corporate constituencies, such as corporate creditors and employees. Every jurisdiction must address these problems in a variety of contexts, framed by the corporation's internal dynamics and its interactions with the product, labor, capital, and takeover markets. The authors' central claim, however, is that corporate (or company) forms are fundamentally similar and that, to a surprising degree, jurisdictions pick from among the same handful of legal strategies to address the three basic agency issues. This book explains in detail how (and why) the principal European jurisdictions, Japan, and the United States sometimes select identical legal strategies to address a given corporate law problem, and sometimes make divergent choices. After an introductory discussion of agency issues and legal strategies, the book addresses the basic governance structure of the corporation, including the powers of the board of directors and the shareholders meeting. It proceeds to creditor protection measures, related-party transactions, and fundamental corporate actions such as mergers and charter amendments. Finally, it concludes with an examination of friendly acquisitions, hostile takeovers, and the regulation of the capital markets.

Download or read book The Anatomy of Corporate Law written by Reinier H. Kraakman and published by Oxford University Press. This book was released on 2017 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the long-awaited third edition of this highly regarded comparative overview of corporate law. This edition has been comprehensively revised and updated to reflect the profound changes in corporate law and governance practices that have taken place since the previous edition. These include numerous regulatory changes following the financial crisis of 2007-09 and the changing landscape of governance, especially in the US, with the ever more central role of institutional investors as (active) owners of corporations. The geographic scope of the coverage has been broadened to include an important emerging economy, Brazil. In addition, the book now incorporates analysis of the burgeoning use of corporate law to protect the interests of "external constituencies" without any contractual relationship to a company, in an attempt to tackle broader social and economic problems. The authors start from the premise that corporations (or companies) in all jurisdictions share the same key legal attributes: legal personality, limited liability, delegated management, transferable shares, and investor ownership. Businesses using the corporate form give rise to three basic types of agency problems: those between managers and shareholders as a class; controlling shareholders and minority shareholders; and shareholders as a class and other corporate constituencies, such as corporate creditors and employees. After identifying the common set of legal strategies used to address these agency problems and discussing their interaction with enforcement institutions, The Anatomy of Corporate Law illustrates how a number of core jurisdictions around the world deploy such strategies. In so doing, the book highlights the many commonalities across jurisdictions and reflects on the reasons why they may differ on specific issues. The analysis covers the basic governance structure of the corporation, including the powers of the board of directors and the shareholder meeting, both when management and when a dominant shareholder is in control. It then analyses the role of corporate law in shaping labor relationships, protection of external stakeholders, relationships with creditors, related-party transactions, fundamental corporate actions such as mergers and charter amendments, takeovers, and the regulation of capital markets. The Anatomy of Corporate Law has established itself as the leading book in the field of comparative corporate law. Across the world, students and scholars at various stages in their careers, from undergraduate law students to well-established authorities in the field, routinely consult this book as a starting point for their inquiries.

Download or read book Italy Insolvency Bankruptcy Laws and Regulations Handbook Strategic Information and Basic Laws written by IBP, Inc. and published by Lulu.com. This book was released on 2013-08-01 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ivory Coast Insolvency (Bankruptcy) Laws and Regulations Handbook - Strategic Information and Basic Laws

Download or read book Insolvency and Enforcement Reforms in Italy written by José Garrido and published by International Monetary Fund. This book was released on 2016-07-11 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: Italian banks are burdened with high levels of nonperforming loans, the cleanup of which depends in important part on the efficiency of insolvency and enforcement processes. Traditionally, these processes in Italy have taken very long, hampering the timely cleanup of balance sheets. In response, the authorities have legislated a number of measures. This paper explores the recent insolvency and enforcement reforms and the remaining challenges. These reforms introduce important positive changes that are expected to yield full benefits over the medium to long term. The efficacy of the reforms, including to deal with the current stock of high nonperforming loans, can be enhanced by introducing effective out-of-court enforcement mechanisms, supplemented by a more intensive use of informal and hybrid debt-restructuring solutions. Moreover, there is an urgent need to rationalize the system, which over the years has become very complex and intricate.

Download or read book Executory Contracts in Insolvency Law written by Jason Chuah and published by Edward Elgar Publishing. This book was released on 2023-01-20 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: Executory Contracts in Insolvency Law offers a unique and wide-ranging transnational study of the treatment of ongoing contracts when one of the parties becomes insolvent. This second edition not only updates existing material, but also extends the analysis to key developing economies and restructuring hubs. Written by experts with extensive practical and scholarly knowledge in the field, this is a cutting-edge investigation into the philosophies and rationales behind the different policy choices adopted by more than 30 jurisdictions across the globe.

Download or read book Rescue of Business in Europe written by Gert-Jan Boon and published by Oxford University Press. This book was released on 2020-01-30 with total page 2088 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume is based on the European Law Institute's (ELI) project 'Rescue of Business in Insolvency Law'. The project ran from 2013 to 2017 under the auspices of the ELI and was conducted by Bob Wessels and Stephan Madaus, who were assisted by Gert-Jan Boon. The study sought to design (elements of) a legal framework that will enable the further development of coherent and functional rules for business rescue in Europe. This includes certain statutory procedures that could better enable parties to negotiate solutions where a business becomes financially distressed. Such a framework also includes rules to determine in which procedures and under which conditions an enforceable solution can be imposed upon creditors and other stakeholders despite their lack of consent. The project had a broad scope, and extended to consider frameworks that can be used by (non-financial) businesses out of court, and in a pre-insolvency context. Part I of this book, the ELI Instrument as approved by the ELI Council and General Assembly, features 115 recommendations on a wide variety of themes affected by the rescue of financially distressed businesses, such as the legal rules for professions and courts, treatment and ranking of creditors' claims, contract, corporate and labour law as well as laws relating to transaction avoidance. Part II consists of national reports that sketch the legal landscape in 13 States and of an 'Inventory Report on International Recommendations from Standard-Setting Organisations', both of which provided insight for the drafting of the Instrument. This volume is designed to assist those involved in a process of law reform and those setting standards for soft law in the business rescue context.

Download or read book International Cooperation in Bankruptcy and Insolvency Matters written by Bob Wessels and published by Oxford University Press. This book was released on 2009-04-16 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Cooperation in Bankruptcy and Insolvency is published in cooperation with the International Insolvency Institute and the American College of Bankruptcy. The Honorable Bruce A. Markell, Dr. Bob Wessels and Prof. Jason Kilborn provide readers with invaluable insights into the origin, development and future of communication and cooperation in cross-border insolvency cases between insolvency practitioners and the courts. The globalization of the world's economy has led to highly complex international aspects of financial reorganization and restructuring. This publication analyzes the structures, systems, and practices that have developed and are quickly emerging to coordinate and enhance international administrations.

Download or read book Library of Congress Catalogs written by Library of Congress and published by . This book was released on 1979 with total page 1028 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book State and Financial Systems in Europe and the USA written by Jaime Reis and published by Routledge. This book was released on 2016-04-01 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the twentieth century the financial sector became possibly the most regulated area of the economy in many advanced and developing countries. The interwar years represented the defining moment for the escalation of governments' intervention, turning the State into the core of financial systems in its capacity of regulator, supervisor or owner. The essays in this collection shed light on different aspects of the experience of financial regulation, ownership and deregulation in Europe and the USA from a secular historical perspective. The volume's chapters explore how the political economy of finance changed in the nineteenth and twentieth centuries and how such changes were related to shifting attitudes towards globalization. They also investigate how regulation responded to governance problems of financial intermediaries and markets, and how different legal frameworks and institutional architectures influenced such response. The collection engages with a set of issues as diverse as they are interrelated across countries and over time: the regulatory attitude of British authorities toward the banking system and the stock exchange market in the nineteenth and twentieth centuries; the comparative evolution of bankruptcy laws and procedures; the link between state, regulation and governance in the evolution of the US and French financial systems; the emergence of banking regulation and supervision by central banks; the regulation and supervision of international financial markets since the 1950s; and the connection between deregulation and banking crises at the end of the past century. Taken as a whole, the chapters offer an intriguing insight into the differing ways western countries approached and responded to the challenges of the international financial system, and the legacy of this on the modern world. In so doing the volume holds up to historical scrutiny the debate as to whether overt state regulation of financial markets always has a negative affect on economic growth, or whether it can be an essential tool for developing nations in their efforts to expand their economies.

Download or read book Corporate Recovery in an Integrated Europe written by Lynch Fannon, Irene and published by Edward Elgar Publishing. This book was released on 2022-05-13 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a comprehensive overview of the changes in policies and economic doctrines of the American economy following the 2008 global financial crisis, this book critically examines the reformation of the corporate landscape. Observing the growth of oligopolistic market tendencies and increased economic concentration, it draws on scholarly literature from economics, management studies and legal theory to provide an integrated perspective on the causes and consequences of the crisis.

Download or read book Subject Catalog written by Library of Congress and published by . This book was released on 1980-10 with total page 1024 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Implementing the Cape Town Convention and the Domestic Laws on Secured Transactions written by Souichirou Kozuka and published by Springer. This book was released on 2017-01-25 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the analysis of the relationship between the Cape Town Convention and national laws on secured transactions. The first part of the book considers why national implementation is so important in the case of the Cape Town Convention and identifies how innovative the Convention is as a uniform law instrument. The second part includes chapters on those states that are Parties to the Cape Town Convention, which analyse how the Convention is implemented under the domestic law. The third part includes chapters on those states that are not Parties to the Convention, which compare their national laws and the Convention to find unique features of the Cape Town Convention’s rules. The fourth part discusses the meaning of Protocols on aircraft, railway rolling stock and space assets from the practitioner’s point of view. As a whole, the book offers insights into the new stage of uniform private law and shows the need for further examination of the subject, which will be essential for international and national legislators, academics of comparative and international private law as well as practitioners who are the users of the uniform law regime.

Download or read book Groups of Companies written by Rafael Mariano Manóvil and published by Springer Nature. This book was released on 2020-03-16 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive study on how twenty-three countries have approached the issue of company groups. In addition to detailed profiles of each country’s legislation, written by some of the most respected experts in the field, the book also presents a general overview and offers readers an in-depth, up-to-date and highly practical comparative analysis of the company group phenomenon in connection with national legal regimes. As such, the book is a must-read for all those seeking a deeper understanding of how company groups are viewed and regulated around the globe.

Download or read book The Transformation of Private Law Principles of Contract and Tort as European and International Law written by Maren Heidemann and published by Springer Nature. This book was released on with total page 1099 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Italy written by International Monetary Fund. European Dept. and published by International Monetary Fund. This book was released on 2015-07-07 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Selected Issues paper establishes a causal link between public sector efficiency at the provincial level and firm productivity using data for about 450,000 Italian firms. It emphasizes that significant productivity gains could be realized if public sector efficiency improves from currently low levels. If efficiency rises to the frontier in all provinces, output per employee would increase 9 percent for the average firm. Implementing the public administration reform agenda and recommendations of the 2014 spending review and competition authority could help deliver some of these productivity gains.

Download or read book Towards a Justice with a Human Face written by Marcel Storme and published by Springer. This book was released on 2013-06-29 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: Je tiens egalement a remercier l'editeur KLUWER que nous a garanti une pu blication aisee et attrayante. Ce n'est pas sans fierte que j'ai l'honneur d'introduire la presente edition des actes du congres. PREFACE In the text mentioned above, it has been stated that the texts of the General Rap porteurs were published in their original language and the texts of the opening and closing speeches, although they were made in the five Congress languages (Dutch, French, English, German and Spanish), were published in English, as the Belgian organisers deemed this to be the most rational solution, even though the Con gress took place in a country where three different languages (Dutch, French and German) are spoken there. As regards the publication of this book, I would like to thank Mrs. CAS MAN, who made the texts ready for printing, Profe~sor R. DE CORTE, who saw to the distribution of the texts during the Congress, and the KLUWER publishing com pany for their excellent and faultless publication. I cannot stifle a distinct feeling of pride at being privileged enough to introduce this publication of the Reports. VORWORT Im vorstehenden Text is erortert worden aus welchen GrUnden die Gesamt berichte in ihren originellen Sprachen veroffentlicht wurden, und die Texte der feierlichen Eroffnungssitzung und der Schluss-sitzung im Englischen, obwohl diese verfasst wurden in den fiinf Kongressprachen (Deutsch, Englisch, Fran zosisch, NiederHindisch und Spanisch) und obgleich der Kongress veranstaltet wurde in einem Land wo es drei Sprachen (Niederliindisch, Franzosich und Deutsch) gibt.

Download or read book Studi in onore di Vittorio Denti Procedimenti speciali ed esecutivi processo penale written by and published by . This book was released on 1994 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: