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Perspectives in Company Law and Financial Regulation

$247.00 (C)

Part of International Corporate Law and Financial Market Regulation

Theodor Baums, Paul Krüger Andersen, Theo Raaijmakers, Jaap Winter, Jonathan Rickford, Marco Becht, Luca Enriques, Veronika Korom, Michel Menjucq, Marcus Lutter, Jesper Lau Hansen, Peter Nobel, Stefan Grundmann, Douglas W. Hawes, Marie-Claude Robert-Hawes, Wolfgang Schön, Hanno Merkt, Peter Hommelhoff, Dan Prentice, J. Vella, André Prüm, Joe McCahery, Erik Vermeulen, Joëlle Simon, Levinus Timmerman, Klaus J. Hopt, Harald Baum, Hideki Kanda, Eilis Ferran, Niamh Moloney, Guido Ferrarini, Peter O. Mulbert, Rebekka M. Wiemann, Howell J. Jackson, Roberta Karmel, Donald C. Langevoort, Friedrich Kübler, Jean Nicolas Druey, Ruben Lee, Mark J. Roe
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  • Date Published: July 2009
  • availability: In stock
  • format: Hardback
  • isbn: 9780521515702

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About the Authors
  • 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.

    • Reflects on techniques of designing and enforcing rules in global capital markets
    • Explores the interplay of company law and capital market regulation in Europe and the US
    • Allows readers to understand and assess the impact of regulatory competition within Europe and in EU-US relations
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    Product details

    • Date Published: July 2009
    • format: Hardback
    • isbn: 9780521515702
    • length: 656 pages
    • dimensions: 235 x 156 x 34 mm
    • weight: 1.14kg
    • availability: In stock
  • Table of Contents

    Part I. Perspectives in Company Law: Section 1. European Company Law: Regulatory Competition and Free Movement of Companies:
    1. The European Model Company Law Act project Theodor Baums and Paul Krüger Andersen
    2. The Societas Privata Europaea: a basic reform of EU law on business organizations Theo Raaijmakers
    3. Ius Audicibus. The future of EU company law Jaap Winter
    4. Free movement of capital and protectionism after Volkswagen and Viking Line Jonathan Rickford
    5. Centros and the cost of branching Marco Becht, Luca Enriques and Veronika Korom
    6. Towards the end of the real seat theory in Europe? Michel Menjucq
    7. The Commission recommendations of 14 December 2004 and of 15 February 2005 and their implementation in Germany Marcus Lutter
    8. The Nordic corporate governance model - a European model? Jesper Lau Hansen
    Section 2. Corporate Governance, Shareholders' Rights and Auditing:
    9. Stakeholders and the legal theory of the corporation Peter Nobel
    10. The renaissance of organized shareholder representation in Europe Stefan Grundmann
    11. In search of a middle ground between the perceived excesses of US style class actions and the generally ineffective collective action procedures in Europe Douglas W. Hawes
    12. Some modest proposals to provide viable damages remedies for French investors Marie-Claude Robert-Hawes
    13. Pre-clearance in European accounting law - the right step? Wolfgang Schön
    14. International standards on auditing and their adoption in the EU: legal aspects and unsettled questions Hanno Merkt
    15. Corporate governance: directors' duties, financial reporting and liability - remarks from a German perspective Peter Hommelhoff
    16. Some aspects of capital maintenance law in the UK Dan Prentice and J. Vella
    17. Luxembourg company law - a total overhaul André Prüm
    18. The role of corporate governance reform and enforcement in the Netherlands Joe McCahery and Erik Vermeulen
    Section 3. Takeover Law:
    19. The adoption of the European Directive on Takeover Bids Joëlle Simon
    20. The application of the Dutch investigation procedure on two listed companies: the Gucci and ABN Amro cases Levinus Timmerman
    21. Obstacles to corporate restructuring - observations from a European and German perspective Klaus J. Hopt
    22. Protection of third party interest under German takeover law Harald Baum
    23. Takeover defenses and the role of law: a Japanese perspective Hideki Kanda
    Part II. Perspectives in Financial Regulation
    Section 1. European Perspectives:
    24. Principle-based, risk-based regulation and effective enforcement Eilis Ferran
    25. The Committee of European Securities Regulators and Level 3 of the Lamfalussy Process Niamh Moloney
    26. Market transparency and best execution: bond trading under Mifid Guido Ferrarini
    27. The statutory authority of the European Central Bank and euro-area national central banks over TARGET2-securities Peter O. Mulbert and Rebekka M. Wiemann
    Section II. Transatlantic Perspectives:
    28. Learning from Eddy: a meditation upon organizational reform of financial supervision in Europe Howell J. Jackson
    29. The SEC embraces mutual recognition Roberta Karmel
    30. Steps toward the 'Europeanization' of US securities regulation, with thoughts on the evolution and design of a multinational securities regulator Donald C. Langevoort
    31. The subprime crisis: does it ask for more regulation? Friedrich Kübler
    Part III. Miscellaneous:
    32. The practitioner and the professor - is there a theory of commercial law? Jean Nicolas Druey
    33. A short paean for Eddy Ruben Lee
    34. Juries and the political economy of legal origin Mark J. Roe.

  • Editors

    Michel Tison, Universiteit Gent, Belgium
    Michel Tison is a professor at the Financial Law Institute at Ghent University.

    Hans De Wulf, Universiteit Gent, Belgium
    Hans De Wulf is a professor at the Financial Law Institute at Ghent University.

    Christoph Van der Elst, Universiteit Gent, Belgium
    Reinhard Steennot is a professor at the Financial Law Institute at Ghent University.

    Reinhard Steennot, Universiteit Gent, Belgium
    Christoph Van der Elst is a professor at the Financial Law Institute at Ghent University.

    Contributors

    Theodor Baums, Paul Krüger Andersen, Theo Raaijmakers, Jaap Winter, Jonathan Rickford, Marco Becht, Luca Enriques, Veronika Korom, Michel Menjucq, Marcus Lutter, Jesper Lau Hansen, Peter Nobel, Stefan Grundmann, Douglas W. Hawes, Marie-Claude Robert-Hawes, Wolfgang Schön, Hanno Merkt, Peter Hommelhoff, Dan Prentice, J. Vella, André Prüm, Joe McCahery, Erik Vermeulen, Joëlle Simon, Levinus Timmerman, Klaus J. Hopt, Harald Baum, Hideki Kanda, Eilis Ferran, Niamh Moloney, Guido Ferrarini, Peter O. Mulbert, Rebekka M. Wiemann, Howell J. Jackson, Roberta Karmel, Donald C. Langevoort, Friedrich Kübler, Jean Nicolas Druey, Ruben Lee, Mark J. Roe

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