The Liability Of The Holding Company For The Debts Of Its Insolvent Subsidiaries

Author : Andrew Muscat
Publisher : Routledge
Page : 540 pages
File Size : 52,6 Mb
Release : 2016-12-05
Category : Law
ISBN : 9781351886819

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The Liability of the Holding Company for the Debts of its Insolvent Subsidiaries by Andrew Muscat Pdf

This work deals with the liability of the holding company for the debts of its insolvent subsidiaries. In analyzing the current position under English law, the work challenges as outmoded and inadequate the virtual dogma that a holding company is not answerable for the debts of its insolvent subsidiaries. The study identifies four separate and distinct types of behavioural practices within corporate groups which may prejudice the interests of external creditors or otherwise constitute an abuse of the corporate form; the subservient subsidiary situation; the inadequately financed subsidiary situation; the integrated economic enterprise situation; and the group persona situation. After weighing the various arguments for and against a change in the law and concluding that reform is called for, the study proceeds to submit some radical proposals for reform. The basic thrust of the reform proposals is that in a number of well-defined situations entity law should give way to an enterprise analysis and holding company liability should be imposed for the debts of insolvent subsidiaries.

Author : Benjamin Richardson
Publisher : Kluwer Law International B.V.
Page : 418 pages
File Size : 54,6 Mb
Release : 2002-02-13
Category : Law
ISBN : 9789041117359

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Environmental Regulation Through Financial Organisations:Comparative Perspectives on the Industrialised Nations by Benjamin Richardson Pdf

This book takes a comparative perspective of practice in the European Union, North America, Japan and Australasia, arguing that existing legal reforms to promote sustainable development are unlikely to be successful unless environmental policy can be diffused and embedded in the financial services sector. This sector plays a crucial role in creating the financial conditions that allow much economic development to proceed. Financial markets are already highly regulated in pursuance of various public policy objectives, and there is scope to adapt existing regulation to incorporate environmental aspects into the financial services sector. In terms of specific reforms, the book focuses on the role of corporate environmental reporting, economic instruments and liability rules to provide a proper context for engaging financial organisations with the environment, as well as reforms to the system of prudential regulation that currently governs this sector. Beyond the focus on the financial services sector, the book raises complex questions regarding the relationship between the state and market institutions in environmental policy, and will appeal to scholars from a wide range of disciplines interested in problems of environmental governance.

Author : Christian A. Witting
Publisher : Cambridge University Press
Page : 501 pages
File Size : 51,5 Mb
Release : 2018-01-11
Category : Business & Economics
ISBN : 9781107039926

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Liability of Corporate Groups and Networks by Christian A. Witting Pdf

Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.

Author : Dimitris K. Avgitidis
Publisher : Unknown
Page : 352 pages
File Size : 53,8 Mb
Release : 1996
Category : Subsidiary corporations
ISBN : 9602324880

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Groups of Companies by Dimitris K. Avgitidis Pdf

Author : Fiona Macmillan
Publisher : Hart Publishing
Page : 218 pages
File Size : 53,8 Mb
Release : 2000-03-27
Category : Law
ISBN : 9781841130378

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International Corporate Law - Volume 1 by Fiona Macmillan Pdf

This book contains essays and country reports from across the globe in the area of international and comparative corporate law.

Author : Raymond Wacks
Publisher : Hong Kong University Press
Page : 710 pages
File Size : 48,9 Mb
Release : 1999-11-01
Category : Law
ISBN : 9789622095076

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The New Legal Order in Hong Kong by Raymond Wacks Pdf

As Hong Kong enters its third year under Chinese rule, the prognosis for the common law remains uncertain. Can the improbable doctrine of 'one country, two systems' be made to work? Will the political controversies that continue to bedevil the territory undermine the rule of law and the integrity of the legal order? The 21 essays in this important new collection consider these, and many other, questions. The first part examines several problems that lie at the heart of the Basic Law's promise of legal continuity. Hong Kong's economic order and its legal buttresses are analysed in Part 2, while the essays in Part 3 trace the shifts in social values as reflected both in Chinese and Hong Kong law. Though they embrace a wide area, the contributions to this volume suggest that, while many problems lie ahead, Hong Kong's law and legal system seem adequately entrenched to endure well into the future. Raymond Wacks is Professor of Law and Legal Theory at the University of Hong Kong. He is an international authority on the legal protection of privacy, and has also published widely in the field of legal theory. Professor Wacks has edited several books on Hong Kong law and human rights. His recent books include Privacy and Press Freedom (1995). The fifth edition of his text, Jurisprudence will appear in early 2000. “(B)y far the most comprehensive study of the post-1997 legal order I have come across, covering nearly all the subjects which the Basic Law touches upon... (I)t contains much insightful analysis of the historical development and future issues surrounding each topic... A very valuable contribution to scholarship... Far more importantly, there is no collection that comes close to such an array of good analysis on so many topics.” — Anthony Neoh, SC, Visiting Professor, Peking University

Author : David Milman
Publisher : Bloomsbury Publishing
Page : 364 pages
File Size : 50,5 Mb
Release : 1999-07-01
Category : Law
ISBN : 9781847310910

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Regulating Enterprise by David Milman Pdf

This book contains a series of studies of the regulation under English law of the range of business organisational structures available to entrepreneurs. It analyses the commonest of these structures,including limited companies (public and private), groups of companies, privatised enterprises, and partnerships, as well as the more specialised forms such as industrial and provident societies, banks, building societies, insurance companies, joint ventures, franchise agreements, limited partnerships and overseas companies. Set within the context of a period of considerable actual and proposed legal change, the contributions (from recognised authorities in their respective fields) analyse the broad regulatory structure adopted for each of the above business forms, outline the changing patterns of regulation and consider likely future developments. Several broad themes run through the work, including the relationship between the economic desirability of facilitating enterprise and the need to regulate against possible abuse; stakeholder protection; pursuit of risk management strategies and the implications of European harmonisation in the business sector.

Author : Eilis Ferran,Look Chan Ho
Publisher : Oxford University Press
Page : 531 pages
File Size : 42,7 Mb
Release : 2014-03
Category : Law
ISBN : 9780199671342

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Principles of Corporate Finance Law by Eilis Ferran,Look Chan Ho Pdf

With the additional contribution of Look Chan Ho, an expert in the field of corporate finance, this thoroughly revised and updated second edition of Ferran's 'Principles of Corporate Finance Law' explores the relationship between law and finance.

Author : Eilís Ferran
Publisher : Oxford University Press, USA
Page : 632 pages
File Size : 47,9 Mb
Release : 2008
Category : Business & Economics
ISBN : 9780199230501

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Principles of Corporate Finance Law by Eilís Ferran Pdf

How do companies address the financial constraints that affect their investment decisions? This book explores the relationship between law and corporate finance, providing analysis of the new UK and European law on corporate finance, the broader policy framework and incorporating cutting edge research.

Author : Justus Jansen
Publisher : Walter de Gruyter
Page : 309 pages
File Size : 46,5 Mb
Release : 2011-08-29
Category : Law
ISBN : 9783866539495

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International Cash Pooling by Justus Jansen Pdf

Author : Peter Muchlinski
Publisher : Oxford University Press
Page : 864 pages
File Size : 41,7 Mb
Release : 2021-02-18
Category : Law
ISBN : 9780192557452

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Multinational Enterprises and the Law by Peter Muchlinski Pdf

Multinational Enterprises and the Law is the only comprehensive, contemporary, and interdisciplinary account of the techniques used to regulate multinational enterprises (MNEs) at the national, regional, and multilateral levels. In addition, it considers the effects of corporate self-regulation, and the impact of civil society and community groups upon the development of the legal order in this area. The book has been thoroughly revised and updated for this third edition, making it a definitive reference work for students, researchers, and practitioners of international economic law, business, corporate and commercial law, development studies, and international politics. Split into four parts, the book first deals with the conceptual basis for MNE regulation. It explains the growth of MNEs, their business and legal forms, and the relationship between them and the effects of a globalized economy and society, now increasingly challenged by recently revived nationalist economic policies, upon the evolution of regulatory agendas in the field. In addition, the limits of national and regional jurisdiction over MNE activities are considered, a question that arises throughout the specialized areas of regulation covered in the remainder of the book. Part II covers the main areas of economic regulation, including controls over, and the liberalization of, entry and establishment, tax, company and competition law and the impact of intellectual property rights on technology diffusion and transfer. A specialized chapter on the regulation of multinational banks in the wake of the global financial crisis is new to this edition. Part III introduces the social dimension of MNE regulation covering labour rights, human rights, and environmental issues. Finally, Part IV deals with the contribution of international investment law to MNE regulation and to the control of investment risks, covering the main provisions found in international investment agreements, their interpretation by international tribunals, the process of investor-state arbitration, and how concerns over these developments are leading to reform proposals.

Author : Zvonimir Slakoper,Ivan Tot
Publisher : Routledge
Page : 234 pages
File Size : 48,8 Mb
Release : 2021-09-30
Category : Law
ISBN : 9781000432602

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Digital Technologies and the Law of Obligations by Zvonimir Slakoper,Ivan Tot Pdf

Digital Technologies and the Law of Obligations critically examines the emergence of new digital technologies and the challenges they pose to the traditional law of obligations, and discusses the extent to which existing contract and tort law rules and doctrines are equipped to meet these new challenges. This book covers various contract and tort law issues raised by emerging technologies – including distributed ledger technology, blockchain-based smart contracts, and artificial intelligence – as well as by the evolution of the internet into a participative web fuelled by user-generated content, and by the rise of the modern-day collaborative economy facilitated by digital technologies. Chapters address these topics from the perspective of both the common law and the civil law tradition. While mostly focused on the current state of affairs and recent debates and initiatives within the European Union regulatory framework, contributors also discuss the central themes from the perspective of the national law of obligations, examining the adaptability of existing legal doctrines to contemporary challenges, addressing the occasional legislative attempts to deal with the private law aspects of these challenges, and pointing to issues where legislative interventions would be most welcomed. Case studies are drawn from the United States, Singapore, and other parts of the common law world. Digital Technologies and the Law of Obligations will be of interest to legal scholars and researchers in the fields of contract law, tort law, and digital law, as well as to legal practitioners and members of law reform bodies.

Author : Julie Cassidy
Publisher : Federation Press
Page : 420 pages
File Size : 48,9 Mb
Release : 2006
Category : Law
ISBN : 1862875979

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Concise Corporations Law by Julie Cassidy Pdf

The purpose of this text is to provide a comprehensive, yet succinct, examination of the most significant areas of corporations law. Through the identification of the key elements underlying the pertinent statutory provisions, the use of a plain English writing style and simple format, the text seeks to make corporations law more accessible to those who seek to study or practise in the area of corporations law. Since the publication of the fourth edition there have been significant changes in corporations law. From a legislative perspective, important changes have also been effected through the passage of, inter alia, CLERP 9. This has impacted significantly on the law pertaining to executive officers and directors (in particular their remuneration and financial reporting) and disclosure documents.Judicially, this period has been marked by a considerable number of important cases pertaining to directors' liability arising out of, inter alia, high profile corporate collapses, including HIH and One.Tel. These cases have provided guidance as to the applicability of both statutory and equitable directors' duties, but also clarified the procedural and substantive law aspects of the penalties flowing from breaches of such duties.

Author : Eilís Ferran,Elizabeth Howell,Felix Steffek
Publisher : Oxford University Press
Page : 705 pages
File Size : 53,8 Mb
Release : 2023-09-27
Category : Law
ISBN : 9780192634689

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Principles of Corporate Finance Law by Eilís Ferran,Elizabeth Howell,Felix Steffek Pdf

Corporate finance theory seeks to understand how incorporated firms address the financial constraints that affect their investment decisions. This is achieved by using varied financial instruments that seek to give holders different claims on the firm's assets. Recent scholarship in this area has highlighted the critical importance of the legal environment in explaining the choices that companies make about their capital structure. This book combines company law, capital markets law, and aspects of commercial and insolvency law to give readers a detailed understanding of the legal and regulatory issues relating to corporate finance. Informed by insights from theoretical and empirical work, the book examines from a legal perspective the key elements of corporate financing structures and capital markets in the UK. The authors' practical experience of transactions and regulatory issues ensures that thorough scholarly inquiry and critical reflection are complemented by an assured understanding of the interface between legal principles and rules as they are documented and in their actual operation. Key developments covered in this third edition include the post-Brexit adaptation of UK company law and capital market regulation, important new cases on parent company liability in tort, creditor-facing duties of directors, issuer and director liability for misleading statements to the market, alternatives to public market financing, and recent changes in the practice of debt finance.

Author : Fiona Tolmie
Publisher : Routledge
Page : 504 pages
File Size : 41,7 Mb
Release : 2013-03-04
Category : Law
ISBN : 9781135336233

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Corporate and Personal Insolvency Law by Fiona Tolmie Pdf

First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.