Modernisation Of European Company Law

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Modernization of European Company Law and Corporate Governance

Author : Gert-Jan Vossestein
Publisher : Kluwer Law International B.V.
Page : 314 pages
File Size : 40,6 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041125927

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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. --

Modernisation of European Company Law

Author : Antigoni Alexandropoulou
Publisher : Bruylant
Page : 153 pages
File Size : 49,7 Mb
Release : 2022-12-31
Category : Law
ISBN : 9782802770237

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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.

European Company Law in Accelerated Progress

Author : Steef M. Bartman,Centre for European Company Law
Publisher : Kluwer Law International B.V.
Page : 190 pages
File Size : 52,7 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041125293

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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.

European Corporate Law

Author : Adriaan F.M. Dorresteijn et al.
Publisher : Kluwer Law International B.V.
Page : 377 pages
File Size : 44,7 Mb
Release : 2022-07-26
Category : Law
ISBN : 9789403532240

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European Corporate Law by Adriaan F.M. Dorresteijn et al. Pdf

This fully updated new edition provides an overview of the law regarding companies, business organizations, and capital markets in Europe, at both the European Union (EU) and Member State levels. It introduces the reader to the EU harmonization programme and describes how this has influenced corporate law in the various EU Member States. The authors describe common denominators as well as differences in the approach of national corporate laws. The authors highlight current and emerging trends in these areas of corporate law, including: the freedom of establishment of companies within the EU; the European harmonization process and Member States’ implementation of EU legislation; employee involvement in business organizations; the division of power between the different corporate bodies; the functioning and regulation of company groups; and cross-border business combinations, takeovers and restructuring tools. The laws of France, Germany and the Netherlands in particular are discussed and contrasted. This discussion also includes the United Kingdom, although no longer an EU Member State. As in earlier editions, the authors demonstrate that analysis and comparison of national corporate laws yield highly valuable general principles and observations, not least because business organizations, wherever located, tend to show a fundamentally similar set of legal characteristics. The Fourth 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. It can also be used as a handbook for comparative corporate law courses.

Modernisation of European Company Law. Recent Legislative Achievement and the Future of European Company Law

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 52,9 Mb
Release : 2021
Category : Electronic
ISBN : 2802768689

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Modernisation of European Company Law. Recent Legislative Achievement and the Future of European Company Law by Anonim Pdf

What has been achieved in legislating Company law in Europe? What has been implemented already? What is working in practice and what is not effective? What still has to be done?

Towards a Sustainable European Company Law

Author : Beate Sjåfjell
Publisher : Kluwer Law International B.V.
Page : 592 pages
File Size : 53,7 Mb
Release : 2009-03-26
Category : Law
ISBN : 9789041144515

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Towards a Sustainable European Company Law by Beate Sjåfjell Pdf

No one doubts any longer that sustainable development is a normative imperative. Yet there is unmistakably a great reluctance to acknowledge any legal basis upon which companies are obliged to forgo ‘shareholder value’ when such a policy clearly dilutes responsibility for company action in the face of continuing environmental degradation. Here is a book that boldly says: ‘Shareholder primacy’ is wrong. Such a narrow, short-term focus, the author shows, works against the achievement of the overarching societal goals of European law itself. The core role of EU company and securities law is to promote economic development, notably through the facilitation of market integration, while its contributory role is to further sustainable development through facilitation of the integration of economic and social development and environmental protection. There is a clear legal basis in European law to overturn the poorly substantiated theory of a ‘market for corporate control’ as a theoretical and ideological basis when enacting company law. With rigorous and persuasive research and analysis, this book demonstrates that: European companies should have legal obligations beyond the maximization of profit for shareholders; human and environmental interests may and should be engaged with in the realm of company law; and company law has a crucial role in furthering sustainable development. As a test case, the author offers an in-depth analysis of the Takeover Directive, showing that it neither promotes economic development nor furthers the integration of the economic, social and environmental interests that the principle of sustainable development requires. This book goes to the very core of the ongoing debate on the function and future of European company law. Surprisingly, it does not make an argument in favour of changing EU law, but shows that we can take a great leap forward from where we are. For this powerful insight – and the innumerable recognitions that support it – this book is a timely and exciting new resource for lawyers and academics in ‘both camps’: those on the activist side of the issue, and those with company or official policymaking responsibilities.

European Company Law

Author : Nicola de Luca
Publisher : Cambridge University Press
Page : 599 pages
File Size : 42,8 Mb
Release : 2021-04-15
Category : Law
ISBN : 9781108911177

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European Company Law by Nicola de Luca Pdf

Taking a text, cases and materials approach, de Luca's successful textbook remains the only offering for students of European company law, and has been thoroughly updated in this new edition. Chapters have been expanded to cover the latest legislation and directives on cross-border mergers, the use of digital tools, and cross-border insolvency, while figures and graphs have been introduced to help illustrate complex processes and relationships. Clearly differentiated explanatory textboxes from the first edition have been revised, and allow students to quickly identify sources such as EU legislation, official documents and excerpts from scholarly papers. The book explores a diverse range of topics, from what European company law is, to the structure of the Societas Europaea Statute, capital markets and takeover law. It continues to be an essential resource for the growing number of graduate courses in European company law, European business law, and comparative corporate law.

European Company Law

Author : Nicola de Luca
Publisher : Cambridge University Press
Page : 531 pages
File Size : 47,9 Mb
Release : 2017-03-16
Category : Law
ISBN : 9781107184183

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European Company Law by Nicola de Luca Pdf

"As with corporate law itself, however, our principal focus in this book is not on establishing the corporate form per se. Rather, it is on a second, equally important function of corporate law: namely, reducing the ongoing costs of organizing business through the corporate form. Corporate law does this by facilitating coordination between participants in corporate enterprise, and by reducing the scope for value- reducing forms of opportunism among different constituencies"--

European Company Law

Author : Nicola de Luca
Publisher : Cambridge University Press
Page : 599 pages
File Size : 48,8 Mb
Release : 2021-04-15
Category : Law
ISBN : 9781108843522

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European Company Law by Nicola de Luca Pdf

This successful textbook remains the only offering for students of European company law, and has been fully updated.

The European Company Law Action Plan Revisited

Author : Koen Geens,Klaus J. Hopt
Publisher : Leuven University Press
Page : 377 pages
File Size : 46,6 Mb
Release : 2010
Category : Corporate governance
ISBN : 9789058678058

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The European Company Law Action Plan Revisited by Koen Geens,Klaus J. Hopt Pdf

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.

Company Law and Economic Protectionism

Author : Ulf Bernitz,Wolf-Georg Ringe
Publisher : Oxford University Press
Page : 392 pages
File Size : 45,7 Mb
Release : 2010-12-23
Category : Business & Economics
ISBN : 9780199591459

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Company Law and Economic Protectionism by Ulf Bernitz,Wolf-Georg Ringe Pdf

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.

European Company Law

Author : Stefan Grundmann
Publisher : Intersentia Limited
Page : 0 pages
File Size : 46,8 Mb
Release : 2012
Category : Business enterprises
ISBN : 1780680198

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European Company Law by Stefan Grundmann Pdf

Over the last decade, European company law has been completely re-written. Virtually no EU measure remained unchanged and most of them have undergone fundamental reform. This is astonishing since almost half of these measures only came into existence after the turn of the millennium. In the last five years, 'modern' European company law has been characterized by a strong foundation of accounting law: i.e. the basic information scheme in international models (IFRS); the practicability and reality of cross-border mobility in its different types; and the considerable success (at last) of European company types, namely in the form of the European Company, which has been adopted by many blue chip companies, and, finally, by governance. The latter is also experiencing a remarkable renaissance of shareholders' rights, namely voting right schemes. In times of crisis, this is the equipment with which the challenges have to be met. European Company Law first discusses the EC/EU law, including all instruments through which it is transposed into the national law systems. However, where no EC/EU law exists, a comparative law discussion and the policy aspects - namely law and economics - fill the gaps. The whole organism of (limited liability) company law is thus covered. In addition to organization, accounting, finance, and the closely-related capital market law, this second edition covers the cornerstones of EC/EU corporate tax and insolvency law. This broad scientific perspective of the 'European' in company law remains unique and will be of greatest value for top-level practice and highly-ranked policy discussions. (Series: Ius Communitatis - Vol. 1)

European Corporate Law

Author : Adriaan F.M. Dorresteijn,Christoph Teichmann,Erik Werlauff,Tiago Monteiro,Nadia Pocher
Publisher : Kluwer Law International B.V.
Page : 394 pages
File Size : 43,7 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041185945

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European Corporate Law by Adriaan F.M. Dorresteijn,Christoph Teichmann,Erik Werlauff,Tiago Monteiro,Nadia Pocher Pdf

This fully updated new edition provides the best-known practical overview of the law regarding companies, business activities, and capital markets in Europe, at both the European Union (EU) and Member State levels. It incorporates analysis of recent developments including the impact of global initiatives in such aspects of the corporate environment as regulation of financial institutions and non-financial reporting obligations with a view to sustainability and other social responsibility concerns. The authors, all leading experts in European corporate law, describe current and emerging trends in such areas of corporate law practice as the following: - rules on cross-border mergers; - employee involvement in business activities; - the initiatives by the Organisation for Economic Co-operation and Development (OECD) and the EU to curb tax avoidance; - Member States’ implementation of EU legislation; - a company’s freedom to incorporate in a jurisdiction not its own; - competition among the legal forms of different Member States; and - safeguarding of employee involvement in cross-border transactions. With respect to national law, the laws of Belgium, France, Germany, the Netherlands, Poland, Spain, and the United Kingdom are taken into account; Italy is now included in this new edition. As in earlier editions, the authors demonstrate that analysis and comparison of national corporate laws yield highly valuable general principles and observations, not least because business organizations, wherever located, tend to show a fundamentally similar set of legal characteristics. The Third 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.

The European Company Statute

Author : Michael Gold
Publisher : Peter Lang
Page : 378 pages
File Size : 48,7 Mb
Release : 2009
Category : Business & Economics
ISBN : 303911560X

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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.

The Spirit of Corporate Law

Author : Günter H. Roth,Peter Kindler
Publisher : Nomos Verlagsgesellschaft
Page : 190 pages
File Size : 42,8 Mb
Release : 2013
Category : Business enterprises
ISBN : 3848704749

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The Spirit of Corporate Law by Günter H. Roth,Peter Kindler Pdf

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