Legal Capital in Europe

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 311092658X
Total Pages : 713 pages
Book Rating : 4.1/5 (19 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 2011-12-22 with total page 713 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 Its result was that legal capital was costly and superfluous; hence, the Second Directive should be repealed.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.

European Capital Markets Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509942130
Total Pages : 787 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis European Capital Markets Law by : Rüdiger Veil

Download or read book European Capital Markets Law written by Rüdiger Veil and published by Bloomsbury Publishing. This book was released on 2022-03-24 with total page 787 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The richness, clarity and nuances of the structure and methodology followed by the contributors make the book a very valuable tool for students... seeking to obtain a general understanding of the market and how it is regulated.” – Ligia Catherine Arias Barrera, Banking & Finance Law Review The fully updated edition of this user-friendly textbook continues to systematise the European law governing capital markets and examines the underlying concepts from a broadly interdisciplinary perspective. The 3rd edition deals with 3 central developments: the project of the capital markets union; sustainable finance; and the further digitalisation of financial instruments and securities markets. The 1st chapter deals with the foundations of capital markets law in Europe, the 2nd explains the basics, and the 3rd examines the regime on market abuse. Chapter 4 explores the disclosure system and chapter 5 short-selling and high-frequency trading. The role of intermediaries, such as financial analysts, rating agencies, and proxy advisers, is described in chapter 6. Chapter 7 explains compliance and corporate governance in investment firms and chapter 8 illustrates the regulation of benchmarks. Finally, chapter 9 deals with public takeovers. Throughout the book emphasis is placed on legal practice, and frequent reference is made to the key decisions of supervisory authorities and courts. This is essential reading for students involved in the study of capital markets law and financial law.

European Corporate Law

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Author :
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.

A Concise Textbook on Legal Capital

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Author :
Publisher :
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.:/5 (41 download)

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Book Synopsis A Concise Textbook on Legal Capital by : Bayless Manning

Download or read book A Concise Textbook on Legal Capital written by Bayless Manning and published by . This book was released on 1981 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Private Equity and Venture Capital in Europe

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Publisher : Academic Press
ISBN 13 : 9780080962948
Total Pages : 368 pages
Book Rating : 4.9/5 (629 download)

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Book Synopsis Private Equity and Venture Capital in Europe by : Stefano Caselli

Download or read book Private Equity and Venture Capital in Europe written by Stefano Caselli and published by Academic Press. This book was released on 2009-11-20 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinctive nature of the European pe/vc environment is on display in Stefano Caselli’s presentation of its complete conceptual framework, from the volatile (its financial side) to the stable (its legal organization). A Bocconi University professor, Caselli offers a European perspective on market fundamentals, the v.c. cycle, and valuation issues, supporting his observations with recent examples and case studies. Written for investors, his book achieves many "firsts," such as clarifying many aspects of EU and UK financial institutions. Complete with finding aids, keywords, exercises, and an extensive glossary, Private Equity and Venture Capital in Europe is written not just for Europeans, but for everybody who needs to know about this growing market. Only book that provides a comprehensive treatment of PE/VC in UK/Europe, ideal for European business schools teaching professionals or pre-professionals who will work in Europe Provides a complete analysis of the EU versus US in all areas of PE/VC Contains cases and theory, providing both in one package Filled with pedagogical support features

The Free Movement of Capital and Foreign Direct Investment

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Publisher : Oxford University Press
ISBN 13 : 0199572658
Total Pages : 447 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Free Movement of Capital and Foreign Direct Investment by : Steffen Hindelang

Download or read book The Free Movement of Capital and Foreign Direct Investment written by Steffen Hindelang and published by Oxford University Press. This book was released on 2009-07-09 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a timely restatement of the EU law on free movement of capital, focusing on the effect of EU law on international investment. Through analysis of the complex case law, it sets out the rights enjoyed by investors under EU law. It criticises the growth of protectionism within Europe, and sets out the legal limits on such policies.

The Code of Capital

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Author :
Publisher : Princeton University Press
ISBN 13 : 0691208603
Total Pages : 315 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis The Code of Capital by : Katharina Pistor

Download or read book The Code of Capital written by Katharina Pistor and published by Princeton University Press. This book was released on 2020-11-03 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it."--Provided by publisher.

The Law of the European Union and the European Communities

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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.

Digital Finance in Europe: Law, Regulation, and Governance

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Author :
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110749513
Total Pages : 299 pages
Book Rating : 4.1/5 (17 download)

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Book Synopsis Digital Finance in Europe: Law, Regulation, and Governance by : Emilios Avgouleas

Download or read book Digital Finance in Europe: Law, Regulation, and Governance written by Emilios Avgouleas and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-12-20 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global finance is in the middle of a radical transformation fueled by innovative financial technologies. The coronavirus pandemic has accelerated the digitization of retail financial services in Europe. Institutional interest and digital asset markets are also growing blurring the boundaries between the token economy and traditional finance. Blockchain, AI, quantum computing and decentralised finance (DeFI) are setting the stage for a global battle of business models and philosophies. The post-Brexit EU cannot afford to ignore the promise of digital finance. But the Union is struggling to keep pace with global innovation hubs, particularly when it comes to experimenting with new digital forms of capital raising. Calibrating the EU digital finance strategy is a balancing act that requires a deep understanding of the factors driving the transformation, be they legal, cultural, political or economic, as well as their many implications. The same FinTech inventions that use AI, machine learning and big data to facilitate access to credit may also establish invisible barriers that further social, racial and religious exclusion. The way digital finance actors source, use, and record information presents countless consumer protection concerns. The EU’s strategic response has been years in the making and, finally, in September 2020 the Commission released a Digital Finance Package. This special issue collects contributions from leading scholars who scrutinize the challenges digital finance presents for the EU internal market and financial market regulation from multiple public policy perspectives. Author contributions adopt a critical yet constructive and solutions-oriented approach. They aim to provide policy-relevant research and ideas shedding light on the complexities of the digital finance promise. They also offer solid proposals for reform of EU financial services law.

Money Law, Capital, and the Changing Identity of the European Union

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509956808
Total Pages : 269 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Money Law, Capital, and the Changing Identity of the European Union by : Gabriella Gimigliano

Download or read book Money Law, Capital, and the Changing Identity of the European Union written by Gabriella Gimigliano and published by Bloomsbury Publishing. This book was released on 2022-09-08 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses 3 questions: is money a way to create a European Union identity? If so, which type of identity is this? And in what ways is the EU identity changing? The book brings together experts from a variety of backgrounds and academic approaches to analyse the law of money and payments on the one side, and the law of capital and investments on the other. The book is divided into 2 parts. Part I covers scriptural, electronic, and digital money. It analyses the European framework for payment services users, explores limits and challenges of the Banking Union, and looks at the project for a digital euro. Part II investigates the policy and regulatory drivers of the EU's changing identity, from the early modern roots of the European law of money and capital to the regulatory strategy set in the Capital Markets Union and the role conferred on venture capital; from the fintech-based developments of payment systems to the newly-established fiscal and monetary policies in the post-COVID phase. The book will be of interest to researchers, academics and policy makers in the fields of law and regulation, as well as political economy and political sciences.

European Capital Markets Law

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Author :
Publisher :
ISBN 13 : 9781509942145
Total Pages : 688 pages
Book Rating : 4.9/5 (421 download)

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Book Synopsis European Capital Markets Law by : Rüdiger Veil

Download or read book European Capital Markets Law written by Rüdiger Veil and published by . This book was released on 2022 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""The richness, clarity and nuances of the structure and methodology followed by the contributors make the book a very valuable tool for students... seeking to obtain a general understanding of the market and how it is regulated." - Ligia Catherine Arias Barrera, Banking & Finance Law Review The fully updated edition of this user-friendly textbook continues to systematise the European law governing capital markets and examines the underlying concepts from a broadly interdisciplinary perspective. The 3rd edition deals with 3 central developments: the project of the capital markets union; sustainable finance; and the further digitalisation of financial instruments and securities markets. The 1st chapter deals with the foundations of capital markets law in Europe, the 2nd explains the basics, and the 3rd examines the regime on market abuse. Chapter 4 explores the disclosure system and chapter 5 short-selling and high-frequency trading. The role of intermediaries, such as financial analysts, rating agencies, and proxy advisers, is described in chapter 6. Chapter 7 explains compliance and corporate governance in investment firms and chapter 8 illustrates the regulation of benchmarks. Finally, chapter 9 deals with public takeovers. Throughout the book emphasis is placed on legal practice, and frequent reference is made to the key decisions of supervisory authorities and courts. This is essential reading for students involved in the study of capital markets law and financial law."--

Transparency of Stock Corporations in Europe

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509925538
Total Pages : 392 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Transparency of Stock Corporations in Europe by : Vassilios Tountopoulos

Download or read book Transparency of Stock Corporations in Europe written by Vassilios Tountopoulos and published by Bloomsbury Publishing. This book was released on 2019-12-12 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection explores transparency as a key regulatory strategy in European business law. It examines the rationales, limitations and further perspectives on transparency that have emerged in various areas of European law including corporate law, capital markets law and accounting law, as well as other areas of law relevant for European (listed) stock corporations. This book presents a clear and accurate picture of the recent reforms in the European transparency regime. In doing so it endorses a multi-dimensional notion of transparency, highlighting the need for careful consideration and contextualisation of the transparency phenomenon. In addition, the book considers relevant enforcement mechanisms and discusses the implications of disparate enforcement concepts in European law from both the private and public law perspectives. Written by a team of distinguished contributors, the collection offers a comprehensive analysis of the European transparency regime by discussing the fundamentals of transparency, the role of disclosure in European business law, and related enforcement questions.

The Reform of European Legal Capital Rules

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Author :
Publisher :
ISBN 13 : 9783708305837
Total Pages : 150 pages
Book Rating : 4.3/5 (58 download)

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Book Synopsis The Reform of European Legal Capital Rules by : Bernhard Umfahrer

Download or read book The Reform of European Legal Capital Rules written by Bernhard Umfahrer and published by . This book was released on 2009 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Business Law in Europe

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 9401743584
Total Pages : 606 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Business Law in Europe by : Association Europpeene D'etudes Juridiques et Fisc

Download or read book Business Law in Europe written by Association Europpeene D'etudes Juridiques et Fisc and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is intended to serve as a guide to businessmen and their advisers, either from outside the Common Market or from within, who seek basic information on questions in three main fields: company law and related legal matters, taxation, and labour law. For those who wish to establish an enter prise or form a holding or financing company in one of the Member States of the Common Market (including Greece, of course) or Switzerland this guide offers a unique opportunity to compare conditions in the various countries in the three fields. This is facilitated by the strict adherence to one format for each national chapter. Those who are already present in one or more of the eleven countries will find a global answer to a number of practical questions that may arise. For detailed answers the local lawyer or other consultant remains indispensable. The format is based on two different approaches the foreign investor may take: either he 'goes it alone', by way of establishing a branch, setting up a subsidiary or taking over an existing company, or he joins forces with another investor from within the host country or from outside. In the latter event there are a number of legal forms (jointly owned company, partnership, etc. ) which may be used.

Company Law in the New Europe

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1847204201
Total Pages : 379 pages
Book Rating : 4.8/5 (472 download)

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Book Synopsis Company Law in the New Europe by : Janet Dine

Download or read book Company Law in the New Europe written by Janet Dine and published by Edward Elgar Publishing. This book was released on 2007-01-01 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study on the potential of law to ensure the social responsibility of a company is an innovative and important study. It is a topical contribution to the sociology of market economies in transition. It is a unique effort to provide detailed practical guidance for the design of the company law in developing economies in general and the new Europe in particular. Christian Joerges, European University Institute Florence, Italy This book provides comprehensive analysis of the recent enlargement of the EU, shedding light on the rationale behind the EU s decisions to enlarge, examining the side effects these choices have on a range of EU policies and particularly on the effect of the Acquis on candidate countries. Emphasis is placed on the area of company law, which occupies a central part in a country s economic planning and therefore its commercial law. Past enlargements are thoroughly explained and the potential impact of the new political landscape in Europe in the wake of the popular rejection of the European Constitutional Treaty on future enlargements is evaluated. A comparative methodology for commercial law drafting in transition and developing economies is put forward and the book concludes with a complete draft of a model company law for transition (and developing) economies. The aim is to provide a template for discussion. This book will be of great interest to those interested in considering the influence that the prospect of EU membership has on transition countries in general, the emphasis being on laws vital to emerging market economies, particularly commercial and company law.

Corporate Business Forms in Europe

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Author :
Publisher : sellier. european law publ.
ISBN 13 : 3935808313
Total Pages : 928 pages
Book Rating : 4.9/5 (358 download)

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Book Synopsis Corporate Business Forms in Europe by : Frank Dornseifer

Download or read book Corporate Business Forms in Europe written by Frank Dornseifer and published by sellier. european law publ.. This book was released on 2005 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt: Entrepreneurs and investors within the European Union can now choose between the various corporate legal forms of various member states when deciding where and how to carry out their business. Corporate Business Forms in Europe is the first compendium including a review and description of the most important types of corporate business forms in the newly enlarged Europe (i.e. public/private limited liability companies and variations thereof). In particular with respect to the proposed directive concerning the transfer of the registered office of a company from one member state to another under perpetuation of its legal capacity, this compendium becomes an indispensable reference book for investors/businessmen, lawyers, and students.

Common Legal Framework for Takeover Bids in Europe

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Author :
Publisher : Cambridge University Press
ISBN 13 : 0521516706
Total Pages : 333 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis Common Legal Framework for Takeover Bids in Europe by : Dirk van Gerven

Download or read book Common Legal Framework for Takeover Bids in Europe written by Dirk van Gerven and published by Cambridge University Press. This book was released on 2008 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the general principles applicable to takeover bids in the European Union and the European Economic Area.