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The European Private Company Societas Privata Europaea Spe
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Book Synopsis The European Private Company - Societas Privata Europaea (SPE) by : Heribert Hirte
Download or read book The European Private Company - Societas Privata Europaea (SPE) written by Heribert Hirte and published by Walter de Gruyter. This book was released on 2012-12-19 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mit der Societas Privata Europaea (SPE) wird eine europäische Rechtsform eingeführt, auf die der exportorientierte Mittelstand seit vielen Jahren wartet. Die SPE kann schnell und kostengünstig für die Neugründung einer Auslandsaktivität eingesetzt werden oder durch Formwechsel aus einer nationalen Gesellschaft entstehen. Sie erlaubt außerdem die Bildung eines Netzes von ausländischen Vertriebs- und Servicegesellschaften in einer europaweit einheitlich anerkannten Rechtsform. Rechtsberater und Rechtswissenschaftler müssen für die Betrachtung der rechtlichen Einzelfragen in der SPE eine europäische Perspektive einnehmen. In dem ECFR-Sonderheft beleuchtet daher ein internationales Autorenteam die praktisch wichtigen Grundfragen der neuen Rechtsform aus wissenschaftlich vertiefter Perspektive: Gründung und Registerverfahren, anwendbares Recht, praktische Einsatzmöglichkeiten der SPE, Gläubigerschutz, innere Ordnung, Geschäftsleiterpflichten, Schutz von Minderheitengesellschaftern, Anfechtungsklagen gegen Gesellschafterbeschlüsse, Mitbestimmung der Arbeitnehmer, Steuerrecht. Die Autoren aus Dänemark, Deutschland, England, den Niederlanden, Polen und Spanien sind langjährige Spezialisten auf ihrem Gebiet und sowohl wissenschaftlich als auch praktisch ausgewiesen.
Book Synopsis The European Private Company - Societas Privata Europaea (Spe) by : Heribert Hirte
Download or read book The European Private Company - Societas Privata Europaea (Spe) written by Heribert Hirte and published by Walter de Gruyter. This book was released on 2013-03-08 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: The planned European legal form Societas Privata Europaea (SPE) is a limited liability company of a closed group of shareholders, and thus is comparable to the German GmbH. At the European-level, the SPE serves as a supplement to the European Limited Liability Company (SE), which proved to be too difficult for small and medium-sized companies for various reasons. The SPE will be introduced on the basis of a European regulation, the content of which has been largely agreed to by the member states.
Book Synopsis The European Private Company (SPE) by : D. F. M. M. Zaman
Download or read book The European Private Company (SPE) written by D. F. M. M. Zaman and published by . This book was released on 2009 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the Proposal for a Council Regulation on the Statute for a European Private Company (Societas Privata Europaea, SPE), as put forward by the European Commission in the summer of 2008. It adds to the comments already made in the legal literature by dealing with key aspects of the SPE Proposal in an extensive way and by including, where relevant, the amendments adopted by the European Parliament in March 2009. The book contributes to the debate on the characteristics of the SPE and how this legal form can best be implemented within the context of national law. The latter is illustrated by including a Dutch perspective of the various issues dealt with. The practical approach of the various topics addressed in the book makes it useful for practitioners as well as academics. The book analyzes: the need for the SPE, the role of private international law, the main issues related to the formation of the SPE and to its shares, the expulsion and withdrawal of shareholders, the provisions concerning the capital of the SPE, the internal organization, the 'voice' rights of shareholders, the duties and liabilities of the SPE's directors , the issue of employee participation, the transfer of the registered office of the SPE, corporate restructuring mechanisms like transformations, mergers, and divisions.
Book Synopsis The Societas Privata Europaea by : Claudia Winkler
Download or read book The Societas Privata Europaea written by Claudia Winkler and published by Springer. This book was released on 2012-04-27 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: Claudia Winkler uses the proposed European private limited liability company (Societas Privata Europaea - SPE) as an occasion to take a fresh and critical look at the arising notion of regulatory competition in European corporate law. The SPE is the newest attempt of the European Union to support union-wide corporate mobility of small and medium enterprises, following the liberalizing line of the ECJ’s case law from Centros to Cartesio. The author defines regulatory competition as an active competition between legislators endeavoring to provide the most efficient and attractive company law, complemented by a dynamic demand by companies in search of the most favorable corporate statute. Winkler shows why regulatory competition is still only a myth in European corporate law and concludes that even the SPE would most likely not boost such a development but rather hinder it in its entirety.
Book Synopsis Unlocking Company Law by : Susan McLaughlin
Download or read book Unlocking Company Law written by Susan McLaughlin and published by Routledge. This book was released on 2015-03-05 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlocking Company Law will help you grasp the main concepts of Company Law with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising. The information is clearly presented in a logical structure and the following features support learning helping you to advance with confidence: Clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject Key Facts boxes throughout each chapter allow you to progressively build and consolidate your understanding End-of-chapter summaries provide a useful check-list for each topic Cases and judgments are highlighted to help you find them and add them to your notes quickly Frequent activities and self-test questions are included so you can put your knowledge into practice Sample essay questions with annotated answers prepare you for assessment Glossary of legal terms clarifies important definitions This edition has been updated to include key recent changes and developments in company law, both case law and statutory. Two recent Supreme Court decisions on piercing the corporate veil, VTB Capital plc v Nutritek International Corp and others and Prest v Petrodel Resources Limited & Others, are examined, as is Popplewell J’s detailed judgment on directors’ duties in Madoff Securities International Limited (In Liquidation) v Raven and others. Important new provisions for binding votes and detailed disclosure of directors’ remuneration, changes to the company charges registration and narrative reporting regimes and new rules facilitating private company share reductions/buy-backs are outlined as are imminent developments included in the 2014 Deregulation Bill (stemming from the Government Red Tape Challenge). Commitment of the EU and UK Government to improving corporate governance of small and medium-sized enterprises (SMEs) makes core company law, the focus of this book, more relevant than ever. The books in the Unlocking the Law Series get straight to the point and offer clear and concise coverage of the law, broken-down into bite-size sections with regular recaps to boost your confidence. They provide complete coverage of both core and popular optional law modules, presented in an innovative, visual format and are supported by a website which offers students a host of additional practice opportunities.
Book Synopsis The Governing Law of Companies in EU Law by : Justin Borg-Barthet
Download or read book The Governing Law of Companies in EU Law written by Justin Borg-Barthet and published by Bloomsbury Publishing. This book was released on 2012-04-09 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: The manner in which the governing law of companies is determined has attracted much attention from academics and practitioners alike ever since the European Court of Justice began receiving references for preliminary rulings regarding the compatibility of protective conflict of corporate law norms with the EC Treaty provisions concerning freedom of establishment. Although recent developments have been less controversial than the ground-breaking judgment in Centros, they have not only consolidated the general thrust of liberalisation occasioned by the Court of Justice, but have added new dimensions to the regulatory landscape. These developments include amendments to the European constitutional order enshrined in the Lisbon Treaty, European legislation on cross-border mergers, the proposed statute for a European Private Company, the judgment of the Court of Justice in Cartesio and a Commission communication that contemplates the introduction of legislation on the governing law of companies. This book examines these recent developments and appraises the current law, as well as the foreseeable trajectory of the law, within a theoretical setting that addresses the socio-economic and legal-theoretical concerns associated with choices of the governing law of companies. In addition to considering the present and probable future state of EU law, the book also develops new theoretical perspectives and proposes novel solutions to long-standing dilemmas. In particular, it suggests that the use of information technology may render possible previously impossible compromises between party autonomy and the proper locus of prescriptive sovereignty.
Book Synopsis German Corporate Governance in International and European Context by : Jean J. du Plessis
Download or read book German Corporate Governance in International and European Context written by Jean J. du Plessis and published by Springer. This book was released on 2017-10-07 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides readers with an overview of the unique features of German business and enterprise law and an in-depth analysis of the organs of governance of German public limited companies (general meeting, management board, supervisory board). In addition, approaches for reforms required at the international level are also suggested and discussed, including, among others, the unique interplay and dynamics of the German two-tier board model with the system of codetermination, referring to the arrangement of employees sitting on the supervisory boards of German public limited companies and private companies employing more than 500 employees; also covered are significant recent legal developments in Europe.The book highlights the core function of valuation and financial reporting at the international, European and German levels, with accounting as the documentary proof of good corporate governance. Corporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on these important topics.The book is addressed to researchers, practitioners and basically anyone with an interest in the complex, but intriguing areas of corporate law and corporate governance.
Book Synopsis Organising the Firm by : Petri Mäntysaari
Download or read book Organising the Firm written by Petri Mäntysaari and published by Springer Science & Business Media. This book was released on 2011-09-18 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theoretical basis of commercial law, corporate governance law, and corporate law is still unsatisfactory. There essentially is no theory of commercial law, and existing theories of corporate governance and corporate law cannot explain the behaviour of firms or the contents of existing regulation. This book proposes a coordinated solution for all three areas. The starting point is that all three areas deal with the organisation of firms. Commercial law, corporate governance, and corporate law are therefore studied from the perspective of the firm rather than that of the judge or the investor. Changing the perspective makes it easier to formulate an "umbrella" theory of commercial law, and theories of corporate governance and corporate law as applications of the main theory. The book provides examples of how the proposed theories work by studying legal corporate governance tools and practices that increase the sustainability of the firm. Sustainability can be bolstered by making the governance model more self-enforcing and ensuring that it fosters innovation.
Book Synopsis Unlocking Company Law by : Sue McLaughlin
Download or read book Unlocking Company Law written by Sue McLaughlin and published by Routledge. This book was released on 2013-04-26 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Company law is a vibrant and fast-moving area of the legal system. Unlocking Company Law will ensure that you grasp the main concepts with ease providing you with an essential foundation to company law. The book explains in detailed, yet straightforward, terms: Legal Structures of Business Organisations The Company as a Distinct Legal Person Company Formation and Linked Issues The Constitution of the Company Financing a Company Shareholders, shares and share capital Capital Maintenance and Distributions Governance of the Company Legally Binding the Company Directors' duties Rescuing Troubled Companies and Takeovers Winding up and Dissolution Transparency This second edition is fully up-to-date with the latest developments in the law, including all significant new cases. It also contains new material on rescuing troubled companies and takeovers. The Unlocking the Law series is designed specifically to make the law accessible. Each chapter opens with a list of aims and objectives, contains activities such as quick quizzes and self-test questions, key facts charts to consolidate your knowledge, and diagrams to aid learning. Cases and judgments are prominently displayed, as are primary source quotations. Summaries help check your understanding of each chapter, there is a glossary of legal terminology. The popular website www.unlockingthelaw.co.uk has been improved and updated. It provides free resources such as multiple choice questions, key questions and answers, revision mp3s and cases and materials exercises.
Download or read book Company Law written by Brenda Hannigan and published by Oxford University Press, USA. This book was released on 2018-08-13 with total page 833 pages. Available in PDF, EPUB and Kindle. Book excerpt: Company Law brings clarity and sophisticated analysis to the ever-changing landscape of company law. Hannigan captures the dynamism of the subject, places the material in context, highlights its relevance and topicality, and guides students through all the major areas studied at undergraduate level. The book is divided into five distinct sections covering corporate structure (including legal personality and constitutional issues), corporate governance (including directors' duties and liabilities), shareholders' rights and remedies (including powers of decision-making and shareholder engagement), corporate finance (including share and loan capital), and corporate rescue and restructuring (including liabilities arising on insolvency). The author's accessible writing style and comprehensive approach to the subject makes this an idea textbook for students of company law.
Book Synopsis A Guide to the European VAT Directives by : Ben Terra
Download or read book A Guide to the European VAT Directives written by Ben Terra and published by IBFD. This book was released on 2012 with total page 1317 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Oxford Handbook of Corporate Law and Governance by : Jeffrey Neil Gordon
Download or read book The Oxford Handbook of Corporate Law and Governance written by Jeffrey Neil Gordon and published by Oxford University Press. This book was released on 2018 with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate law and governance are at the forefront of regulatory activities worldwide, and subject to increasing public attention in the wake of the Global Financial Crisis. Comprehensively referencing the key debates, the Handbook provides a much-needed framework for understanding the aims and methods of legal research in the field.
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.
Book Synopsis Company Law and Economic Protectionism by : Ulf Bernitz
Download or read book Company Law and Economic Protectionism written by Ulf Bernitz and published by Oxford University Press. This book was released on 2010-12-23 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays examining the conflict between EU law and company law, covering a broad range of topics including takeovers, mergers and restructuring, sovereign wealth funds, and proportionality of ownership and control.
Book Synopsis Commentary on the EU by : Marcus Klamert
Download or read book Commentary on the EU written by Marcus Klamert and published by . This book was released on 2019-05-02 with total page 2513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.
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.
Book Synopsis The Law of Business Organizations by : Martin Schulz
Download or read book The Law of Business Organizations written by Martin Schulz and published by Springer Science & Business Media. This book was released on 2012-01-05 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gives a concise introduction to the German law of business organizations and is meant to help business practitioners and international students to familiarize themselves with its key concepts and legal issues. After outlining some characteristic features of the German legal system the book describes the various types of German business organizations with a special focus on the German Limited Liability Company (GmbH) and the German Stock Corporation (AG). The book discusses some typical problems faced by companies engaged in cross-border activities and also provides a brief outline of some recent developments in European company law with a special focus on the new multinational corporate form of the European Company (SE).
