Company Law In Europe

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Towards a Sustainable European Company Law

Author : Beate Sjåfjell
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127682
Total Pages : 594 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Towards a Sustainable European Company Law by : Beate Sjåfjell

Download or read book Towards a Sustainable European Company Law written by Beate Sjåfjell and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Corporate Law

Author : Adriaan F.M. Dorresteijn
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041185941
Total Pages : 394 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis European Corporate Law by : Adriaan F.M. Dorresteijn

Download or read book European Corporate Law written by Adriaan F.M. Dorresteijn and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

European Corporate Law

Author : Adriaan F.M. Dorresteijn et al.
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403532246
Total Pages : 377 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis European Corporate Law by : Adriaan F.M. Dorresteijn et al.

Download or read book European Corporate Law written by Adriaan F.M. Dorresteijn et al. and published by Kluwer Law International B.V.. This book was released on 2022-07-26 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

European Company Law

Author : Nicola de Luca
Publisher : Cambridge University Press
ISBN 13 : 1108843522
Total Pages : 599 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis European Company Law by : Nicola de Luca

European Company Law in Accelerated Progress

Author : Steef M. Bartman
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041125299
Total Pages : 190 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis European Company Law in Accelerated Progress by : Steef M. Bartman

Download or read book European Company Law in Accelerated Progress written by Steef M. Bartman and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Comparative Company Law

Author : Mads Andenas
Publisher : Cambridge University Press
ISBN 13 : 113947619X
Total Pages : 649 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis European Comparative Company Law by : Mads Andenas

Download or read book European Comparative Company Law written by Mads Andenas and published by Cambridge University Press. This book was released on 2009-07-30 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: Company law is undergoing fundamental change in Europe. All European countries have undertaken extensive reform of their company legislation. Domestic reform has traditionally been driven by corporate failures or scandals. Initiatives to make corporate governance more effective are a feature of recent European law reform, as are measures to simplify and ease burdens on smaller and medium-sized businesses (SMEs). An increasing EU harmonisation is taking place through the Company Law Directives, and the free movement of companies is also facilitated by the case law of the European Court of Justice on the directives and the right to free movement and establishment in the EC Treaty. New European corporate forms such as the European Economic Interest Grouping (EEIG) and the European Company (SE) have added new dimensions. At a time of rapid development of EU and national company laws, this book will aid the understanding of an emerging discipline.

European Company Law

Author : Nicola de Luca
Publisher : Cambridge University Press
ISBN 13 : 110891117X
Total Pages : 599 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis European Company Law by : Nicola de Luca

Download or read book European Company Law written by Nicola de Luca and published by Cambridge University Press. This book was released on 2021-04-15 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Capital in Europe

Author : Marcus Lutter
Publisher : Walter de Gruyter
ISBN 13 : 9783899493399
Total Pages : 716 pages
Book Rating : 4.4/5 (933 download)

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Book Synopsis Legal Capital in Europe by : Marcus Lutter

Download or read book Legal Capital in Europe written by Marcus Lutter and published by Walter de Gruyter. This book was released on 2006 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe has known very different systems of company laws for a long time. These differences do not only pertain to the board structures of public companies, where single-tier and two-tier structures can be distinguished, they also pertain to the principles of fixed legal capital. Fixed legal capital is not a traditional ingredient of English and Irish company law and had to be incorpo-rated into these legal systems (only) for public limited companies according to the Second European Company Law Directive of 1976. Both jurisdictions have never really embraced these rules. Against this background, the British Accounting Standards Board (ASB) and the Company Law Centre at the British Institute of International and Comparative Law (BIICL) have initiated and supported a study of the benefits of this legal system by a group of experts led by Jonathan Rickford. The report of this group has been published in 2004. Its result was that legal capital was costly and superfluous; hence, the Second Directive should be repealed. The British government has adopted this view and wants the European Commission to act accordingly. Against this background a group of German and European company law experts, academics as well as practitioners, have come together to scrutinise sense and benefits of fixed legal capital and all its specific elements guided by the following questions: What is the relevant legal concept supposed to achieve? What does it achieve in reality? What criticisms are there? Which proposals or alternatives are available? From the outset the group of experts has endeavoured to cooperate with foreign colleagues, which resulted in very fruitful and pleasant exchanges. This volume contains, besides an executive summary of the results, 16 essays on specific aspects of legal capital in Germany covering also neighbouring fields of law (e.g. accounting, insolvency);7 reports on fixed legal capital in other jurisdictions (France, Great Britain, Italy, the Netherlands, Poland, Spain and the U.S.A.) addressing the same questions as the essays on German law. The British initiative disapproves of the Second Directive. The Directive does only deal with public limited companies in Europe, which is reflected in the analysis presented here. It is only concerned with the fixed legal capital of public limited companies, not with capital issues of private companies. The study has arrived at a result that differs completely from that of the Rickford group. It verifies the usefulness of the concept of fixed legal capital and wishes to convince the European Commission of the benefits of the Second Company Law Directive.

The Law of the European Union and the European Communities

Author : Pieter Jan Kuijper
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154124
Total Pages : 1456 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Law of the European Union and the European Communities by : Pieter Jan Kuijper

Download or read book The Law of the European Union and the European Communities written by Pieter Jan Kuijper and published by Kluwer Law International B.V.. This book was released on 2018-09-28 with total page 1456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

European Company Law

Author : Nicola de Luca
Publisher : Cambridge University Press
ISBN 13 : 1107184185
Total Pages : 531 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis European Company Law by : Nicola de Luca

Download or read book European Company Law written by Nicola de Luca and published by Cambridge University Press. This book was released on 2017-03-16 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--

The Company Law in the European dimension

Author : Diana Druta
Publisher : Diana Druta
ISBN 13 :
Total Pages : 158 pages
Book Rating : 4./5 ( download)

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Book Synopsis The Company Law in the European dimension by : Diana Druta

Download or read book The Company Law in the European dimension written by Diana Druta and published by Diana Druta. This book was released on 2017-12-01 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transfer of companies’ registered office about production activities of goods and services, it is an operation in which both the EU doctrine and case law have increasingly been converging during last decade. It matches to the phenomenon of company’s “localization” (and de-localization) as a strategic leverage for managing issues into European economic system. The practice is clearly recalling the companies’ freedom of establishment for economic reasons (and tax) as the engine of the European integration that guarantees to companies the way to survive to a global market and the possibility to develop their economic strategy as well as the greater competition with foreign companies.

Modernization of European Company Law and Corporate Governance

Author : Gert-Jan Vossestein
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041125922
Total Pages : 314 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Modernization of European Company Law and Corporate Governance by : Gert-Jan Vossestein

Download or read book Modernization of European Company Law and Corporate Governance written by Gert-Jan Vossestein and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. --

European Company Law

Author : Stefan Grundmann
Publisher : Intersentia Limited
ISBN 13 : 9781780680194
Total Pages : 0 pages
Book Rating : 4.6/5 (81 download)

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Book Synopsis European Company Law by : Stefan Grundmann

Download or read book European Company Law written by Stefan Grundmann and published by Intersentia Limited. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)

Founding a Company

Author : Michael J. Munkert
Publisher : Springer Science & Business Media
ISBN 13 : 3642112595
Total Pages : 271 pages
Book Rating : 4.6/5 (421 download)

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Book Synopsis Founding a Company by : Michael J. Munkert

Download or read book Founding a Company written by Michael J. Munkert and published by Springer Science & Business Media. This book was released on 2010-06-14 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: From our daily practice as scholars, consultants and entrepreneurs we know how critical it is to make the right decisions that can shape the future of a company. One of the earliest of such decisions is surely the selection of the appropriate legal form as it is hardly reversible and has major implications on the running business. Accordingly, we can nd a wealth of information about the pros and cons of speci c legal forms. However, so far there is only scarce information available once you decide to enter a foreign market. There are offerings, e.g. from the Chambers of Commerce and you can search the Internet. When information is provided in the local language, comprehension becomes dif cult. Furthermore, the material that is available today only seldom allows for a structured analysis and comparison of legal forms in different countries. From discussions with entrepreneurs we know that this situation has not only been cumbersome for us, but actually everybody who is thinking about starting up a business or widening the operations across country borders is faced with the complex task of deciding on a legal form.

European Company Law

Author : Andrea Vicari
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110725134
Total Pages : 370 pages
Book Rating : 4.1/5 (17 download)

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Book Synopsis European Company Law by : Andrea Vicari

Download or read book European Company Law written by Andrea Vicari and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-03-08 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides students of European company law courses, scholars and practitioners with an overview. Although company law remains mainly regulated at the level of national laws, it has become important to obtain a systematic view of the main directives in the field of company law, the EU Court of Justice’s jurisprudence, the European Model Company Act and the state of implementation of these directives in the member states of the Union. The book therefore contains, in addition to the illustration of the law laid down by EU legislative bodies and the related soft laws, detailed references to the most important domestic legislations and case laws, in order to make them known and usable as much as possible. Moreover, the book allows identifying the most relevant current legislative trends and the main historical reasons for divergences.

European Comparative Company Law

Author : Mads Tønnesson Andenæs
Publisher : Cambridge University Press
ISBN 13 : 0521842190
Total Pages : 649 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis European Comparative Company Law by : Mads Tønnesson Andenæs

Download or read book European Comparative Company Law written by Mads Tønnesson Andenæs and published by Cambridge University Press. This book was released on 2009-07-30 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of important aspects of the company laws of seven European countries.

The Sustainable Company

Author : Sigurt Vitols and Norbert Kluge
Publisher : ETUI
ISBN 13 : 2874522198
Total Pages : 266 pages
Book Rating : 4.8/5 (745 download)

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Book Synopsis The Sustainable Company by : Sigurt Vitols and Norbert Kluge

Download or read book The Sustainable Company written by Sigurt Vitols and Norbert Kluge and published by ETUI. This book was released on 2011 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the past two decades corporate governance reform in Europe has been guided by the ‘shareholder value’ model of the firm. That model has been discredited as one of the major causes of the financial and economic crisis. In a new book published by the ETUI an alternative approach to corporate governance is presented by members of the GOODCORP network of researchers and trade unionists. This new approach, entitled the Sustainable Company, draws on both traditional ‘stakeholder’ models of the firm and newer concerns with sustainability. The main elements of the Sustainable Company and the institutions needed to support it are presented. Key themes in the book are the need for worker ‘voice’ in corporate governance and for a binding legislative framework to promote sustainability. Individual chapters deal with the issues of worker involvement, employee shareholding, sustainability-oriented remuneration, international framework agreements, NGO-trade union relationships, reforming financial regulation and carbon taxes and emissions-trading schemes.