Instruments Of Eu Corporate Governance

Author : Hanne S. Birkmose,Mette Neville,Karsten Engsig Sørensen
Publisher : Kluwer Law International B.V.
Page : 480 pages
File Size : 44,8 Mb
Release : 2022-12-09
Category : Law
ISBN : 9789403541730

Get Book

Instruments of EU Corporate Governance by Hanne S. Birkmose,Mette Neville,Karsten Engsig Sørensen Pdf

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.

Author : Gert-Jan Vossestein
Publisher : Kluwer Law International B.V.
Page : 314 pages
File Size : 43,9 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041125927

Get Book

Modernization of European Company Law and Corporate Governance by Gert-Jan Vossestein Pdf

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. --

Author : Thomas Clarke,Jean-Francois Chanlat
Publisher : Routledge
Page : 424 pages
File Size : 54,5 Mb
Release : 2009-06-24
Category : Business & Economics
ISBN : 9781134135974

Get Book

European Corporate Governance by Thomas Clarke,Jean-Francois Chanlat Pdf

For decades, Europe has sought to become more financially integrated with the United States and thus European legal institutions, regulatory, governance and accounting practices have faced pressures to adapt to international competitive markets. Against this backdrop, European corporate governance systems have been criticized as being less efficient than the Anglo-American market based systems. This textbook examines the unique dimensions and qualities of European corporate governance. Reforms of key institutions, the doctrine of shareholder value and the seemingly irresistible growth of CEO power and reward are critically analyzed. The book brings out the richness of European corporate governance systems, as well as highlighting historical weaknesses that will require further work for a sustainable corporate governance environment in the future. In light of the most severe financial crisis since the 1930s, this intelligent look at European corporate governance is a vital textbook for courses on corporate governance and a great supplementary textbook on a host of business, management and accounting classes.

Author : Michael Gold
Publisher : Peter Lang
Page : 378 pages
File Size : 48,5 Mb
Release : 2009
Category : Business & Economics
ISBN : 303911560X

Get Book

The European Company Statute by Michael Gold Pdf

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.

Author : Hanne Søndergaard Birkmose,Mette Neville (jurist.),Karsten Engsig Sørensen
Publisher : Unknown
Page : 0 pages
File Size : 43,5 Mb
Release : 2013
Category : Corporate governance
ISBN : 9041141413

Get Book

Boards of Directors in European Companies by Hanne Søndergaard Birkmose,Mette Neville (jurist.),Karsten Engsig Sørensen Pdf

The recent financial crisis has once again stressed the importance of good corporate governance and corporate social responsibility in building trust in the European internal market. It has given rise to a discussion of whether a number of issues should be addressed through regulation or soft law at EU level. These issues relate in particular to the duties of directors in European companies as well as how the board of directors is composed and structured. Drawing attention first to duties of directors and then to the organisation of the board, this appropriately timed analysis takes stock of the status of the initiatives that have been debated so far, examines whether the rules which have been adopted form a coherent system, and suggests ways in which these initiatives affect national law. Topics covered include the following: directors' conflicts of interest; rules on shareholder transparency; duty to promote active ownership; whether it is possible to find a balance between corporate enterprise and risk control; integration of environmental and social concerns in the decision-making of the company; the board's role as a monitor of management; overcoming managerial deficiencies; the concept of independent directors; independence from a controlling shareholder; nomination of board members; disqualification of directors; and directors duties in groups of companies.

Author : L. Horn
Publisher : Springer
Page : 237 pages
File Size : 46,8 Mb
Release : 2011-11-22
Category : Political Science
ISBN : 9780230356405

Get Book

Regulating Corporate Governance in the EU by L. Horn Pdf

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.

Author : Lela Mélon
Publisher : Routledge
Page : 220 pages
File Size : 49,7 Mb
Release : 2019-03-13
Category : Law
ISBN : 9780429590139

Get Book

Shareholder Primacy and Global Business by Lela Mélon Pdf

In the context of growing public interest in sustainability, Corporate Social Responsibility (CSR) has not brought about the expected improvement in terms of sustainable business. Self-regulation has been unable to provide appropriate answers for unsustainable business frameworks, despite empirical proof that sustainable behaviour is entirely in corporate enlightened self-interest. The lack of success of the soft law approach suggests that hard law regulation may be needed after all. This book discusses these options, alongside the issue of shareholder primacy and its externalities in corporate, social, and natural environment. To escape the "prisoner’s dilemma" European corporations and their global counterparts have found themselves in, help is needed in the form of EU hard law to advocate sustainability through mandatory rules. This book argues that the necessity of these laws is based on the first-mover’s advantage of such corporate law approach towards sustainable development. In the current EU law environment, where codification of corporate law is sought for, forming and defining a general EU policy could not only help corporations embrace this self-enlightened behaviour but could also build the necessary "EU corporate citizenship" atmosphere. Considering the developments in the field of CSR as attempts to mitigate negative externalities resulting from inappropriate shareholder primacy use, the book is centred around a discussion of the shareholder primacy paradigm, its legal position and its (un)suitability for modern global business. Going beyond solely legal analysis, juxtaposing legal principles and argumentation with economic theoretic approaches and, more importantly, real-life examples, this book is accessible to both professionals and academics working within the fields of business, economics, corporate governance and corporate law.

Author : David Pitt-Watson,George Dallas
Publisher : Unknown
Page : 128 pages
File Size : 55,7 Mb
Release : 2016
Category : Electronic
ISBN : 1942713266

Get Book

Corporate Governance Policy in the European Union by David Pitt-Watson,George Dallas Pdf

Author : Dániel Gergely Szabó
Publisher : Unknown
Page : 0 pages
File Size : 50,5 Mb
Release : 2016
Category : Corporate governance
ISBN : 946236690X

Get Book

Mandatory Corporate Social Responsibility Reporting in the EU by Dániel Gergely Szabó Pdf

Although non-financial or Corporate Social Responsibiliy (CSR) reporting has attracted increasing attention in the last decades, it only recently entered the legal discourse. This book narrows the gap between CSR reporting and legal disclosure requirements. It analyzes financial, management, and corporate governance reporting, as well as other dedicated reporting types. The author investigates what legal framework underpins these disclosure types; to what extent these instruments mandate the disclosure of non-financial information; and if they have potential to expand their non-financial disclosure requirements. The findings suggest that mandatory non-financial reporting is less developed than expected. This book will be of interest to policy-makers who need to transpose the Non-Financial Reporting Directive or provide guidance on it. In addition, non-financial reporting professionals will find this monograph useful in exploring the underlying issues of preparing non-financial reports and understanding to what extent legal requirements are enforceable. (Series: ?Dovenschmidt Monographs, Vol. 4) [Subject: EU?Law, Corporate Law

Author : Jean J. du Plessis,Bernhard Großfeld,Claus Luttermann,Ingo Saenger,Otto Sandrock
Publisher : Springer Science & Business Media
Page : 286 pages
File Size : 40,9 Mb
Release : 2007-06-30
Category : Law
ISBN : 9783540711872

Get Book

German Corporate Governance in International and European Context by Jean J. du Plessis,Bernhard Großfeld,Claus Luttermann,Ingo Saenger,Otto Sandrock Pdf

This book provides a comprehensive overview of the German corporate governance model to English speaking readers. It provides an introduction to the unique features of German Business and Enterprise Law. The book deals with the most important company organs, namely the General Meeting, the Management Board and the Supervisory Board. It also covers the unique interplay among these organs and details the particular dynamics of the German two-tier board structure. It gives insight into Accounting as the Documentary Proof of Good Corporate Governance. In addition, coverage examines the dominant role of the German banks and new players in the German financial markets.

Author : Andi Hoxhaj
Publisher : Routledge
Page : 218 pages
File Size : 52,6 Mb
Release : 2019-10-16
Category : Law
ISBN : 9781351369657

Get Book

The EU Anti-Corruption Report by Andi Hoxhaj Pdf

This book analyses the development of anti-corruption as a policy field in the European Union with a particular focus on the EU Anti-Corruption Report. It reconstructs the origins of anti-corruption policy in the 1990s when the EU started to recognise corruption as a serious crime with a cross-border dimension. It also analyses the processes surrounding the downfall of the Santer Commission on charges of corruption in 1999 and the enlargement of the EU. This incorporation of transitional new Member States was accompanied by a number of specific measures, instruments and monitoring mechanisms to combat corruption at the supranational level, finally leading to the introduction of the EU-wide Anti-Corruption Report in 2014. The book presents an in-depth analysis of its implementation, abandonment and the way forward under the European Semester as the new instrument for achieving EU anti-corruption reforms. It offers a new interpretation of the Report as a form of reflexive governance that operates at multiple levels and involves not only the European institutions and national governments, but also the role of civil society actors in the process of developing anti-corruption policy. It applies the theory of reflexive governance in analysing the impact of the Report in the UK, Romania and Albania, including the involvement of non-state actors in anti-corruption policy making in these countries. The book concludes with a discussion on how future EU Anti-Corruption policy can make use of reflexive governance and offers recommendations to enhance anti-corruption policies of the EU, the Member States and Candidate States.

Author : Michael Gold
Publisher : Unknown
Page : 373 pages
File Size : 49,5 Mb
Release : 2009
Category : Corporation law
ISBN : 3035303819

Get Book

The European Company Statute by Michael Gold Pdf

The European Company Statute (ECS) is one of the most important pieces of company legislation adopted so far by the European Union. Its aim is to regulate, on a voluntary basis, the internal functions of a business operating in more than two European countries at the same time. However, its implementation by companies requires the negotiation of agreements between employers and employees principally on the choice between a one-tier or two-tier system of board structure. While the ECS thereby promotes flexible solutions tailor-made to company requirements, it has failed to achieve full harmonisation of EU company law. This book provides a comprehensive analysis of the history, structure, legal basis and likely impact of the ECS, examining its evolution over some 30 years of development and its chances for integrating diverse models of corporate governance across the European Economic Area. The book explores the implications of the ECS for employee participation at various levels in the European company, with country case studies drawn from Greece, Slovenia and the UK. It also analyses certain legal issues, including taxation and the position of companies located in countries without existing systems of employee board-level participation.

Author : Fabrizio Barca,Marco Becht
Publisher : OUP Oxford
Page : 354 pages
File Size : 47,7 Mb
Release : 2001-11-15
Category : Business & Economics
ISBN : 9780191530050

Get Book

The Control of Corporate Europe by Fabrizio Barca,Marco Becht Pdf

Written by an international team of authors, this book provides the first systematic account of the control of corporate Europe based on voting block data disclosed in accordance with the European Union's Large Holdings Directive (88/627/EEC). The study provides detailed information on the voting control of companies listed on the official markets in Austria, Belgium, France, Germany, Italy, the Netherlands, Spain, Sweden, the United Kingdom, and, as a benchmark comparison, the United States. The authors record a high concentration of control of corporations in many European countries with single blockholders frequently controlling more than fifty per cent of corporate votes. In contrast, a majority of UK listed companies have no blockholder owning more than ten per cent of shares, and a majority of US listed companies have no blockholder with more than six per cent of shares. Those chapters devoted to individual countries illustrate how blockholders can use legal devices to leverage their voting power over their cash-flow rights, or how incumbents prevent outsiders from gaining voting control. It is shown that the cultural and linguistic diversity of Europe is (almost) matched by its variety of corporate control arrangements.

Author : Antigoni Alexandropoulou
Publisher : Bruylant
Page : 153 pages
File Size : 54,6 Mb
Release : 2022-12-31
Category : Law
ISBN : 9782802770237

Get Book

Modernisation of European Company Law by Antigoni Alexandropoulou Pdf

This book is a collective volume of studies on the recent legislative developments in European Company Law as well as on topical legal issues that affect companies but which have not been harmonized yet. The Mobility Directive has introduced important amendments to the cross border operations of companies while the Directive on the Digitalisation of Company Law has brought about changes in the setting up of businesses and the use of digital tools and processes throughout the lifecycle of companies. The authors present and thoroughly analyses in their studies the important aspects of these new provisions and the challenges they present in their implementation. The book further explores the future of EU Company Law in particular regarding sustainable corporate governance, director’s duties, letterbox companies and the possible harmonization of the rules regulating groups of companies in the EU. All legal issues are presented very comprehensively and the authors who are academics and legal practitioners are shedding light on complicated legal questions in a very clear way.

Author : Steef M. Bartman,Centre for European Company Law
Publisher : Kluwer Law International B.V.
Page : 190 pages
File Size : 43,5 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041125293

Get Book

European Company Law in Accelerated Progress by Steef M. Bartman,Centre for European Company Law Pdf

As a penetrating evaluation of the EU's capability to improve its corporate regulatory infrastructure and thereby attract more investors and business activities within its territory as a whole, this book offers insights to those interested in the field, from economic policymakers at every level of government to business persons and their counsel.