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9780521515702

Perspectives in Company Law and Financial Regulation

by
  • ISBN13:

    9780521515702

  • ISBN10:

    052151570X

  • Edition: 1st
  • Format: Hardcover
  • Copyright: 2009-07-20
  • Publisher: Cambridge University Press
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Summary

This collection of essays has been compiled in honour of Professor Eddy Wymeersch on the occasion of his retirement as professor at Ghent University. His main international academic peers explore developments on the crossroads of company law and financial regulation in Europe and the United States, providing a unique view on the dynamics of regulatory competition in an era of economic globalisation, whether in the fields of rulemaking, organising the mobility of capital or the enforcement of rules. The deepening of European financial integration and the transatlantic regulatory dialogue has generated new paradigms of rule-setting in a multinational framework and reinforced the need to develop adequate instruments for co-operation between regulators. Regulators increasingly use concepts such as equivalence or mutual recognition to regulate cross-border relations.

Author Biography

Michel Tison, Hans De Wulf, Christoph Van Der Elst and Reinhard Steennot are professors at the Financial Law Institute at Ghent University.

Table of Contents

List of contributorsp. ix
Forewordp. xxv
Perspectives in company law
European company law: regulatory competition and free movement of companies
The European Model Company Act Projectp. 5
The Societas Privata Europaea: a basic reform of EU law on business organizationsp. 18
Ius Audacibus. The future of EU company lawp. 43
Free movement of capital and protectionism after Volkswagen and Viking Linep. 61
Centros and the cost of branchingp. 91
Towards the end of the real seat theory in Europe?p. 124
The Commission Recommendations of 14 December 2004 and of 15 February 2005 and their implementation in Germanyp. 132
The Nordic corporate governance model - a European model?p. 145
Corporate governance, shareholders' rights and auditing
Stakeholders and the legal theory of the corporationp. 165
The renaissance of organized shareholder representation in Europep. 183
In search of a middle ground between the perceived excesses of US-style class actions and the generally ineffective collective action procedures in Europep. 200
Some modest proposals to provide viable damages remedies for French investorsp. 223
Pre-clearance in European accounting law - the right step?p. 231
International standards on auditing and their adoption in the EU: legal aspects and unsettled questionsp. 244
Corporate governance: directors' duties, financial reporting and liability - remarks from a German perspectivep. 264
Some aspects of capital maintenance law in the UKp. 276
Luxembourg company law - a total overhaulp. 302
Role of corporate governance reform and enforcement in the Netherlandsp. 322
Takeover law
Adoption of the European Directive on takeover bids: an on-again, off-again storyp. 345
Application of the Dutch investigation procedure on two listed companies: the Gucci and ABN AMRO casesp. 363
Obstacles to corporate restructuring: observations from a European and German perspectivep. 373
Protection of third-party interests under German takeover lawp. 397
Takeover defences and the role of law: a Japaneseperspectivep. 413
Perspectives in financial regulation
European perspectives
Principles-based, risk-based regulation and effective enforcementp. 427
The Committee of European Securities Regulators and level 3 of the Lamfalussy Processp. 449
Market transparency and best execution: bond trading under MiFIDp. 477
The statutory authority of the European Central Bank and euro-area national central banks over TARGET2-Securitiesp. 497
Transatlantic perspectives
Learning from Eddy: a meditation upon organizational reform of financial supervision in Europep. 523
The SEC embraces mutual recognitionp. 540
Steps toward the Europeanization of US securities regulation, with thoughts on the evolution and design of a multinational securities regulatorp. 555
The subprime crisis - does it ask for more regulation?p. 570
Juries and the political economy of legal originp. 583
Miscellaneous
The practitioner and the professor - is there a theory of commercial law?p. 607
A short paean for Eddy: Clever, Wise, August, Funny and Europeanp. 617
Indexp. 619
Table of Contents provided by Ingram. All Rights Reserved.

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