Download or read book German Capital Market Law written by Ulf R. Siebel and published by . This book was released on 1995 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Issues and Challenges in Corporate and Capital Market Law Germany and East Asia written by Holger Fleischer and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is based on presentations delivered at a symposium held in March 2016 at the University of Tokyo. It seeks to reinvigorate the scholarly exchange which can be traced back to the late 19th century between company law academics in Germany, China, Japan and South Korea. Contributions from all four jurisdictions include papers on corporate divisions and valuation of shares and its procedure as well as studies on the civil liability of the company and its directors for false financial statements and the corporate law rules on the squeeze-out of minority shareholders.
Download or read book European Capital Markets Law written by Rüdiger Veil and published by Bloomsbury Publishing. This book was released on 2022-03-24 with total page 787 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The richness, clarity and nuances of the structure and methodology followed by the contributors make the book a very valuable tool for students... seeking to obtain a general understanding of the market and how it is regulated.” – Ligia Catherine Arias Barrera, Banking & Finance Law Review The fully updated edition of this user-friendly textbook continues to systematise the European law governing capital markets and examines the underlying concepts from a broadly interdisciplinary perspective. The 3rd edition deals with 3 central developments: the project of the capital markets union; sustainable finance; and the further digitalisation of financial instruments and securities markets. The 1st chapter deals with the foundations of capital markets law in Europe, the 2nd explains the basics, and the 3rd examines the regime on market abuse. Chapter 4 explores the disclosure system and chapter 5 short-selling and high-frequency trading. The role of intermediaries, such as financial analysts, rating agencies, and proxy advisers, is described in chapter 6. Chapter 7 explains compliance and corporate governance in investment firms and chapter 8 illustrates the regulation of benchmarks. Finally, chapter 9 deals with public takeovers. Throughout the book emphasis is placed on legal practice, and frequent reference is made to the key decisions of supervisory authorities and courts. This is essential reading for students involved in the study of capital markets law and financial law.
Download or read book Ad hoc disclosure A law and economics approach written by Veronika Fischer and published by GRIN Verlag. This book was released on 2009-07-08 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diploma Thesis from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1,3, University of Augsburg (Prof. Dr. Möllers), course: Diplomarbeit, language: English, abstract: The economic analysis of the duty of ad-hoc disclosure and related issues in this paper led to the following conclusions: Due to information asymmetries between issuers and investors, a regula-tion of the rules of disclosure is necessary, which reduces the incentive for individual investors to costly gather information, and transfer this in-formation process onto issuers. The legislator‟s goal for such reason can be found in the safeguarding of capital market efficiency as to both correct pricing and liquidity (or sufficient investor participation). The duty of ad-hoc disclosure should fully be transferred to the issuer, as it is the cheapest cost avoider and has sufficient own interests to provide correct and timely information. Nevertheless, legislation must avoid that the issuer can be held liable for information as if it was advice by detail-ing which information has to be given in which form. Furthermore, it must be ensured that investors are not flooded with information, but that only a sensible amount of pertinent information as opposed to advertising information is published. For the lesion of this duty of disclosure, not only the issuer as an entity, but as well the board members should be held liable, as this introduces additional incentives for compliance and adds liable capital for possible damaged parties. Nevertheless, both legislator and jurisdiction will have to limit the risk of abusive investor claims, which are likely to occur in such a constellation. If liability for defective ad-hoc disclosure can be established, the awarded damage should be out-of-pocket measure, as it limits liability to the actual amount of damage and does not transfer the risk of an investment in a way inconsistent with the general principles of the capital market. Furthermore, it provides advantages in processing multiple claims and can be unequivocally determined by a finance-mathematical method based on the Capital Asset Pricing Model.
Download or read book Investor Protection and Capital Market Regulation in Germany written by Eric Nowak and published by . This book was released on 2004 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: La Porta et al. have shown that differences among countries in legal codes and enforcement of investor protection account for much of the disparity in the size and development of their financial markets. According to their empirical measure of shareholder protection, Germany scores only one out of five possible points on an aggregated index scale. This paper argues that today this assessment is no longer correct, because Germany has reformed its capital market regulation in ways that now afford much greater shareholder protection. In four sections, the paper examines these developments and their effect on changes in corporate governance and investor protection to date. After the introduction some stylized quantitative facts about the development in German equity markets are presented. The second section, which constitutes the main part, covers formal legal changes in corporate governance and investor protection that have a profound effect on the German equity markets. The third section discusses the emergence of a German market for corporate control. The final section concludes.
Download or read book German and Nordic Perspectives on Company Law and Capital Markets Law written by Holger Fleischer and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume traces back to a symposium held at the Max Planck Institute for Comparative and International Private Law in Hamburg and offers a broad comparative analysis of company and capital markets law in Germany and the Nordic states. It details the special elements of company law in Scandinavia that developed amid the twin forces of innovative experimentation and the drive for harmonization, contrasting them with the distinctive features of German company law. Further contributions deal with the newly created entrepreneur company in Germany and Denmark, as well as the role of shareholders and boards in public companies. It also contains detailed analyses of the law of company groups in Germany and the Nordic states. the volume is further rounded out with contributions on capital markets law and takeover law, including issues involving acting in concert, ownership disclosure and the interaction between the legislator and the takeover panel in Sweden.
Download or read book German and East Asian Perspectives on Corporate and Capital Market Law written by Holger Fleischer and published by . This book was released on 2020 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is based on updated presentations delivered at a symposium held in 2017 at Seoul National University. It follows two earlier conference volumes and shares their goal to stimulate the scholarly exchange between company law academics in Germany, China, Japan and South Korea which can be traced back to the late nineteenth century. Contributions from all four jurisdictions include papers on shareholder activism and the disclosure of substantial shareholdings as well as studies on takeover law addressing key questions such as the mandatory bid rule, control premiums, hostile takeovers and pre- and post-bid defences.
Download or read book The German Capital Markets Model Case Act KapMuG A European Role Model For Increasing the Efficiency of Capital Markets Analysis and Suggestions for Reform written by Axel Halfmeier and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: We analyze the German Capital Markets Model Case Law (KapMuG") enacted to reduce transaction costs in securities mass litigation. The KapMuG is often seen as a European role model trying to enhance investor rights without running the risk of frivolous claims known from US class actions. We show that the current legislation is insufficient due to two main obstacles: First, shareholders need to file individual law-suits before being eligible for participation in the model case which leads to a rational ignorance of small shareholders. Second, for wrong and omitted capital market information beyond prospectus liability, it is unclear if shareholders need to prove the causal link between the wrong information and the investment decision, which is hardly possible. We suggest two major changes for the reform due in November 2012: a simplified opt-in mechanism without the prerequisite of individual law-suits, and extending the reversal of the burden of proof for causation from prospectus liability to wrong or omitted ad hoc information. Besides, we argue that gross negligence is the appropriate liability rule in the substantive law underlying the KapMuG.
Download or read book Alternative Initial Public Offering Models written by Axel Moeller and published by Mohr Siebeck. This book was released on 2017-01-23 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: The continuous search for improved methods of public equity financing has resulted in the derivation of alternative models for listing companies on stock exchanges through so-called shell companies. Since such an entity has no operations of its own, its sole purpose is to find an operating company it can ultimately be merged with through the use of proceeds acquired from the initial shell listing. Axel Moeller seeks to answer the questions pertaining to the practical implementation of such alternative listing models in Germany from a law and economics perspective. In light of the fact that a legal framework with regard to shell listings does not exist, the underlying legal analysis is based on the accumulation of general principles derived from German business and capital markets law. From an economic and financial perspective, the ensuing analysis demonstrates the potential efficiency gains of a shell listing for small and medium-sized German enterprises.
Download or read book The German Capital Markets Model Case Act A Functional Alternative to the US Style Class Action for Investor Claims written by Harald Baum and published by . This book was released on 2017 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005 the German legislature enacted the “Capital Markets Model Case Act” to provide a means for collective redress for investors, especially retail investors, who have suffered damages because of faulty capital markets information. The Act is an unique piece of legislation that tries to chart a middle way between the traditional German system of individual claims based on the principle of party disposition and the US-style class action. Simultaneously, it tries to provide an efficient means for the courts to handle cases of mass investor damages and in this way strengthen private law enforcement in the German capital markets.The proceeding starts with individual lawsuits filed by aggrieved investors at the trial court level. These plaintiffs can make an application for the establishment of a model case proceeding at a Higher Regional Court. A minimum of ten applications is a necessary for opening a model case. Upon public announcement of the model case, the trial courts suspend ex officio all pending proceedings whose determination is dependent upon the ruling in the model case.The Higher Regional Court designates a “model case plaintiff” from among the plaintiffs whose proceedings have been suspended. The Court decides those factual and legal questions that are of general relevance for all cases pending before the trial courts by way of a “model case ruling”. This ruling is binding on the courts trying those proceedings that have been suspended because of the model case proceeding. It has effect for and against all parties to the model case proceedings.A central shortcoming of model case proceedings is their long duration.
Download or read book Corporate Governance Regulation and Financial Markets Germany s Pathway to a Market Based System written by Alexander Behne and published by GRIN Verlag. This book was released on 2017-03-14 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2015 in the subject Economics - Finance, grade: 1,3, University of Leipzig (Wirtschaftspolitik), course: Development of Financial Markets and Institutions, language: English, abstract: Few areas of business economics are discussed in such a controversial manner as different corporate governance systems. In a globalized age in which the capital markets of industrialized countries have a large operating range and a growing degree of internationalization, the design and regulation activities in this field have become increasingly important. This has triggered a "competition of institutions". In the current academic discussion, different corporate governance paradigms are being examined, to figure out, which could be the most successful in a market economy in order to attract investors. It considers what system of management of a capitalled company is the most appropriate - in order to provide a location or rather a country - a competitive advantage in competition for global players. It is assumed that the type of the corporate governance system influences the company’s success or even more on the entire national economy. As reference points, the German and the US model are often being used. Since they are opposed to one another in their paradigmatic and thus embody the exemplary corporate governance system. In addition, since the Cold War and beyond, the US has been a hegemon and has always had a great influence on the economic and financial system worldwide. Germany is regarded as the political and economic core of the most important partner of the USA, the European Union. Both are regarded as a highly developed economic system; their further development will attract attention beyond their national borders. Although, the aim of corporate governance is identical, the institutional design and the underlying philosophies differ. As of a 1980 ́s it appears that the German bank-based system cannot meet the needs of the swift progress of financial markets. From the 1990s onwards, especially in the case of some serious legal measures in Germany, a move towards capital market orientation has been taking place. Since the prediction of a system convergence has been considered critical - because they are embedded in a corresponding cultural and socioeconomic system, which makes the transferability of the respective economic paradigms doubtful - this paper tries to examine if these legal regulations triggered a change in the German financial system.
Download or read book The Progress of German Information Disclosure Requirements written by Thomas M.J Möllers and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: German capital market law has been developing rapidly in response to the grievances that have arisen from the recent stock market boom. Both the German and the European legislator have been very active in response the new challenges. This paper seeks to provide an overview of the status of information duties and ad hoc publicity in Germany and the European Union, as well as to point out the need for further legislative developments. The qualifications of both information duties and liability claims are addressed.
Download or read book The SEC and BaFin US and German Capital Market Supervision in Comparision written by Veronka Fischer and published by GRIN Verlag. This book was released on 2009-07-08 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Doctoral Thesis / Dissertation from the year 2008 in the subject Law - Comparative Legal Systems, Comparative Law, grade: cum laude, University of Augsburg (Prof. Dr. Möllers), course: Rechtsvergleichung; Kapitalmarktrecht, language: English, abstract: To the point four years ago, the German "Act Establishing the Federal Financial Supervisory Authority" (FinDAG) provided for a one-stop financial services agency, BaFin, which was to succeed three formerly independent public authorities for the supervision of banking, insurance and securities. Whereas this on-stop-shop approach has been both acclaimed and criticized, the US Securities and Exchange Commission from its very beginning administered the areas of corporate finance, market regulation and investment. Although the missions of both supervisory authorities correspond, the powers transferred and thus the means of operations differ sharply. Limited to the supervisory power for capital markets, the thesis will analyse the agencies' historical development, governing law, operations and legal means and conduct an estimate of their economic efficiency. A comparison will help to provide suggestions for further legal design and development of the BaFin in the following years. Veronika Fischer, geb. 1982, promovierte nach dem Studium der Rechts- und Wirtschaftswissenschaften (Universität Augsburg) und dem Abschluss als MBA (University of Dayton) im internationalen Kapitalmarktrecht mit einem US- Forschungsaufenthalt (University of North Carolina). Sie ist einer internationalen Unternehmensberatung tätig.
Download or read book The Promotion of Companies and the Valuation of Assets According to German Law written by Ernest Schuster and published by . This book was released on 1900 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Capital Markets in the EU written by Konstantinos Sergakis and published by Bloomsbury Publishing. This book was released on 2018-03-07 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative textbook offers a thorough, theoretical and practical overview of the current EU legal framework applicable to capital markets. It is intended to enable a critical analysis of the overall regulatory principles as well as the interaction between market actors and EU law which has shaped the regulatory agenda both at national and EU level. The book gives an overview of the foundations of EU capital markets and touches upon issuer disclosure obligations, inappropriate market practices and gatekeepers. EU law is the main focus, complemented by comparative analysis where applicable, primarily relating to UK, French and German laws. Ideal for upper-level undergraduate or graduate law students taking a module in Capital Markets Law, Securities Regulation, Corporate Finance Law or EU Company Law. Also useful for accounting, business or economics MSc students who need to broaden their understanding of the legal aspects of capital markets, and for academics and policy makers.
Download or read book The German Act on Model Case Proceedings in Disputes Under Capital Markets Law written by Marcel L. Neumair and published by . This book was released on 2012 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The SEC and BaFin written by Veronika Fischer and published by VDM Publishing. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To the point four years ago, the German "Act Establishing the Federal Financial Supervisory Authority" (FinDAG) provided for a one-stop financial services agency, BaFin, which was to succeed three formerly independent public authorities for the supervision of banking, insurance and securities. Whereas this on-stop-shop approach has been both acclaimed and criticized, the US Securities and Exchange Commission from its very beginning administered the areas of corporate finance, market regulation and investment. Although the missions of both supervisory authorities correspond, the powers transferred and thus the means of operations differ sharply. Limited to the supervisory power for capital markets, the thesis will analyse the agencies' historical development, governing law, operations and legal means and conduct an estimate of their economic efficiency. A comparison will help to provide suggestions for further legal design and development of the BaFin in the following years.
