Enforcement of Corporate and Securities Law

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Publisher : Cambridge University Press
ISBN 13 : 1107164990
Total Pages : 553 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Enforcement of Corporate and Securities Law by : Robin Hui Huang

Download or read book Enforcement of Corporate and Securities Law written by Robin Hui Huang and published by Cambridge University Press. This book was released on 2017-09-28 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assembles the world's most authoritative specialists for a comparative analysis of the enforcement of corporate and securities laws in thirteen national jurisdictions. It examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective.

Dark Trading

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Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110662094
Total Pages : 283 pages
Book Rating : 4.1/5 (16 download)

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Book Synopsis Dark Trading by : Anna-Carina Salger

Download or read book Dark Trading written by Anna-Carina Salger and published by Walter de Gruyter GmbH & Co KG. This book was released on 2020-01-20 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the pressing topic of dark trading. Following new EU legislation regulating financial markets (MiFID II and MiFIR), it traces the rapid development of off-market securities trading ("dark trading"), analyzes economic studies of this development, and positions the resulting regulatory framework of the EU over against that of the US. The study closes with proposals for reform that provide new impetus for further scientific discussion.

EU Investor Protection Regulation and Liability for Investment Losses

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Author :
Publisher : Springer Nature
ISBN 13 : 3030540014
Total Pages : 440 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis EU Investor Protection Regulation and Liability for Investment Losses by : Marnix Wallinga

Download or read book EU Investor Protection Regulation and Liability for Investment Losses written by Marnix Wallinga and published by Springer Nature. This book was released on 2020-10-30 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between the EU investor protection regulations enshrined in MiFID and MiFID II and national contract and torts law. It describes how the effect of the conduct of business rules as implemented in national financial supervision legislation in private law extends to the issue of enforcement, and critically assesses this interaction from the perspective of EU law. In particular, the conclusions identified in the book will deepen readers’ understanding of the interplay between the conduct of business rules and private law norms governing a firm’s liability to pay damages, such as duty of care, attributability of damage, causation, contributory negligence and limitation. In turn, the book identifies the subordination and the complementarity model to conceptualise the interaction between the conduct of business rules and private law norms. Moreover, the book challenges the view that civil courts are – or should be – forced to give private law effects to violation of the MiFID and MiFID II conduct of business rules in line with the subordination model. Instead, the complementarity model is advanced as the preferred approach to this interaction in view of what MiFID and MiFID II require from Member States in terms of their implementation, as well as the desirability of each model. This model presupposes that courts should consider the conduct of business rules when adjudicating individual disputes, while preserving the autonomy of private law norms governing liability of investment firms towards clients. Based on analysis of case law of courts in Germany, the Netherlands and England & Wales, as well as scholarly literature, the book also compares the available causes of action, the conditions of liability and the obstacles investors face when claiming damages, as well as how and the extent to which investors can benefit from the conduct of business rules in clearing these obstacles. In so doing, under the approach adopted by national courts to the interplay between the conduct of business rules of EU origin and private law, the book shows how investors can benefit from the influence of these rules on private law norms. In closing, it demonstrates a hybridisation of private law remedies resulting from the accommodation of the conduct of business rules into the private law discourse according to the complementarity model, illustrating how judicial enforcement through private law means may contribute to investor protection.

Comparative Corporate Governance

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Publisher : Springer Science & Business Media
ISBN 13 : 3540264604
Total Pages : 454 pages
Book Rating : 4.5/5 (42 download)

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Book Synopsis Comparative Corporate Governance by : Petri Mäntysaari

Download or read book Comparative Corporate Governance written by Petri Mäntysaari and published by Springer Science & Business Media. This book was released on 2006-01-16 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analytical overview of the regulation of shareholder activism in the UK and Germany. The book shows how the comparative legal method can be used in the study of the corporate governance systems of different countries. It deals with the regulation of the governance of listed companies within a wide framework that recognises the importance of company law, securities markets law, standards and internal rule-making.

International Law

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Publisher : Routledge
ISBN 13 : 0429979347
Total Pages : 590 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis International Law by : Sanford Silverburg

Download or read book International Law written by Sanford Silverburg and published by Routledge. This book was released on 2018-04-19 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers diverse, multinational perspectives on traditional and emergent issues in the practice and study of international law. It deals with the evolving foundations of international law and covers a wide range of issues that link international politics to international law.

European Comparative Company Law

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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 Control of Corporate Europe

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191530050
Total Pages : 354 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Control of Corporate Europe by : Fabrizio Barca

Download or read book The Control of Corporate Europe written by Fabrizio Barca and published by OUP Oxford. This book was released on 2001-11-15 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by an international team of authors, this book provides the first systematic account of the control of corporate Europe based on voting block data disclosed in accordance with the European Union's Large Holdings Directive (88/627/EEC). The study provides detailed information on the voting control of companies listed on the official markets in Austria, Belgium, France, Germany, Italy, the Netherlands, Spain, Sweden, the United Kingdom, and, as a benchmark comparison, the United States. The authors record a high concentration of control of corporations in many European countries with single blockholders frequently controlling more than fifty per cent of corporate votes. In contrast, a majority of UK listed companies have no blockholder owning more than ten per cent of shares, and a majority of US listed companies have no blockholder with more than six per cent of shares. Those chapters devoted to individual countries illustrate how blockholders can use legal devices to leverage their voting power over their cash-flow rights, or how incumbents prevent outsiders from gaining voting control. It is shown that the cultural and linguistic diversity of Europe is (almost) matched by its variety of corporate control arrangements.

Comparative Corporate Governance

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Publisher : Oxford University Press
ISBN 13 : 9780198268888
Total Pages : 1304 pages
Book Rating : 4.2/5 (688 download)

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Book Synopsis Comparative Corporate Governance by : Klaus J. Hopt

Download or read book Comparative Corporate Governance written by Klaus J. Hopt and published by Oxford University Press. This book was released on 1998 with total page 1304 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book goes back to a symposium held at the Max Planck Institute for Foreign Private and Private International Law in Hamburg on May 15-17 1997"--P. [v].

European Securities Markets:The Investment Services Directive and Beyond

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041107363
Total Pages : 428 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis European Securities Markets:The Investment Services Directive and Beyond by : Guido Ferrarini

Download or read book European Securities Markets:The Investment Services Directive and Beyond written by Guido Ferrarini and published by Kluwer Law International B.V.. This book was released on 1998-03-04 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is moving towards the full implementation of the Investment Services Directive (ISD). Indeed, in some Member States, further changes to the domestic legal framework to increase competition among financial institutions and markets will complete or complement its implementation. This book includes updated papers written by academics and practitioners from Europe and the United States and presented at the Genoa Seminar on European Investment Markets, held in November 1996. Several papers examine critical aspects of the ISD from a comparative viewpoint, in particular considering the appropriateness of further harmonisation. The regulation of financial exchanges in the new competitive arena and the need for cooperation between supervisors receive special attention. Its evaluation of the economic impact of ISD implementation and consideration of further perspectives makes European Securities Markets one of the first and most comprehensive publications on the ISD implementation. The volume will interest and educate all those involved in European securities and derivatives markets in either a legal or economic capacity, including banking and financial lawyers, financial economists, regulators, exchanges and intermediaries.

Deutsches und internationales Bank- und Wirtschaftsrecht im Wandel

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 9783110153408
Total Pages : 542 pages
Book Rating : 4.1/5 (534 download)

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Book Synopsis Deutsches und internationales Bank- und Wirtschaftsrecht im Wandel by : Harald Herrmann

Download or read book Deutsches und internationales Bank- und Wirtschaftsrecht im Wandel written by Harald Herrmann and published by Walter de Gruyter. This book was released on 1997 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Keine ausführliche Beschreibung für "Deutsches und Internationales Bank- und Wirtschaftsrecht im Wandel" verfügbar.

Insider Dealing and Money Laundering in the EU: Law and Regulation

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Author :
Publisher : Routledge
ISBN 13 : 1317116054
Total Pages : 289 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Insider Dealing and Money Laundering in the EU: Law and Regulation by : R.C.H. Alexander

Download or read book Insider Dealing and Money Laundering in the EU: Law and Regulation written by R.C.H. Alexander and published by Routledge. This book was released on 2016-05-23 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work presents a comparative study of the provisions relating to insider dealing under the EC Insider Dealing Directive. The volume begins with a discussion of the rationale for regulating financial services in general and controlling insider dealing and money-laundering in particular. It examines the definition of an insider and of inside information and the various criminal offenses relating to insider dealing. The role of money-laundering is also recognized and the anti-money laundering regime as well as the considerable impact on the financial sector is discussed in detail. The work assesses the efficacy of criminal law in controlling insider dealing and considers the increasing trend to deal with it by means of civil/administrative measures.

Economic Transplants

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Publisher : Cambridge University Press
ISBN 13 : 1108508898
Total Pages : 243 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Economic Transplants by : Katja Langenbucher

Download or read book Economic Transplants written by Katja Langenbucher and published by Cambridge University Press. This book was released on 2017-10-19 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why and in what ways have lawyers been importing economic theories into a legal environment, and how has this shaped scholarly research, judicial and legislative work? Since the financial crisis, corporate or capital markets law has been the focus of attention by academia and media. Formal modelling has been used to describe how capital markets work and, later, has been criticised for its abstract assumptions. Empirical legal studies and regulatory impact assessments offered different ways forward. This book presents a new approach to the risks and benefits of interdisciplinary policy work. The benefits economic theory brings for reliable and tested lawmaking are contrasted with important challenges including the significant differences of research methodology, leading to misunderstandings and problems of efficient implementation of economic theory's findings into the legal world. Katja Langenbucher's innovative research scrutinises the potential of economic theory to European legislators faced with a lack of democratic accountability.

Regulating Fraud Across Borders

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509943218
Total Pages : 240 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Regulating Fraud Across Borders by : Edgardo Rotman

Download or read book Regulating Fraud Across Borders written by Edgardo Rotman and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when financial crime routinely crosses international boundaries, this book provides a novel understanding of its spread and criminalisation. It traces the international convergence of financial crime regulation with a uniquely comparative approach that examines key institutional and state actors including the European Union, the International Organization of Securities Commissions, as well as the United States, the United Kingdom, Switzerland, France, Italy and Germany, all countries that harbour some of the most influential stock exchanges in the Western world. The book describes and documents the phenomenon of internationalisation of securities frauds – such as insider trading and market manipulation – and the laws criminalising those acts, most notably those responding to recent dramatic transformations in securities markets, high frequency trading, and benchmark manipulation. At the European level, it shows the progressive uniformisation of laws culminating in the 2014 European Union Market Abuse Regulation. The book argues that criminal prohibitions against internationalised market abuse must be understood as an economic and legal imperative to protect financial markets against activities that imperil its integrity, compromising the confidence of investors and thus affecting the economy as a whole. The book is supported by an extensive review of the most significant scholarship in each country.

EU Market Abuse Regulation

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1800882246
Total Pages : 544 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis EU Market Abuse Regulation by : Kalss, Susanne

Download or read book EU Market Abuse Regulation written by Kalss, Susanne and published by Edward Elgar Publishing. This book was released on 2021-12-07 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Commentary examines the implications of the EU’s Market Abuse Regulation, introduced following the 2008 financial crisis after gaps were identified in the existing regulatory framework. It explores whether and how the Regulation achieves its aims of preserving the integrity of financial markets by preventing insider dealing and market manipulation, providing a harmonised legal framework, and increasing legal certainty for all market participants.

The German Financial System

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Publisher :
ISBN 13 : 0199253161
Total Pages : 550 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The German Financial System by : Jan Pieter Krahmen (editor)

Download or read book The German Financial System written by Jan Pieter Krahmen (editor) and published by . This book was released on 2004 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a team of scholars, predominantly from the Centre for Financial Studies in Frankfurt, this volume provides a descriptive survey of the present state of the German financial system and a new analytical framework to explain its workings.

Taxation of Derivatives and Cryptoassets

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403524057
Total Pages : 519 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Taxation of Derivatives and Cryptoassets by : Oktavia Weidmann

Download or read book Taxation of Derivatives and Cryptoassets written by Oktavia Weidmann and published by Kluwer Law International B.V.. This book was released on 2024-06-10 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derivatives stand at the forefront of financial innovation, continually evolving to accommodate new asset classes and risk categories. In the past decade, the growing popularity of cryptoassets and ESG investments has sparked the development of a variety of innovative investment strategies and risk management tools, including crypto and ESG derivatives and related structured products. This new edition has similarly evolved. Using illustrative examples, it provides a comprehensive analysis of the key tax issues associated with derivatives and cryptoassets in domestic and cross-border transactions and presents approaches that tax legislators could adopt to solve them. The new edition also comments on recent trends in global tax policy, such as the OECD Base Erosion and Profit Shifting (BEPS) 1.0 and 2.0 projects. Throughout the book, specific references are made to UK, German, and Swiss tax law. The updated edition addresses the following topics: economic and financial properties of derivatives and cryptoassets; definition of derivatives for tax purposes and its application to crypto derivatives and ESG derivatives, among others; accounting treatment of derivatives and cryptoassets under IFRS, UK, German and US GAAP; current tax legislation and policy alternatives to the taxation of derivatives and cryptoassets; characterisation of derivatives gains and losses as income or capital, and equity or debt; accounting and taxation treatment of hedging transactions involving derivatives or cryptoassets; accounting and taxation rules applying to structured products and hybrid instruments, including crypto and ESG-linked structured products; withholding taxes on derivatives and the concept of beneficial ownership in domestic and cross-border transactions; and anti-avoidance legislation applying to derivatives and cryptoassets, including the domestic law implementation of BEPS Action 2, the EU Anti-Tax Avoidance Directives (ATAD I and II), the tax transparency rules for cryptoassets (DAC8) and Pillar Two. This comprehensive book analyses recent developments in three intertwined areas of expertise: financial products, accounting and tax law. It will be a valuable resource to tax professionals in their daily practice of advising companies, banks and investment funds. It will also be of interest to government officials and researchers engaged in the taxation of derivatives, cryptoassets, and ESG investment products.

Non-state Actors Law-making and Domestic Criminal Law

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Author :
Publisher : Springer Nature
ISBN 13 : 3031478703
Total Pages : 70 pages
Book Rating : 4.0/5 (314 download)

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Book Synopsis Non-state Actors Law-making and Domestic Criminal Law by : Dominik Zając

Download or read book Non-state Actors Law-making and Domestic Criminal Law written by Dominik Zając and published by Springer Nature. This book was released on 2023-11-15 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes how statements made by non-state actors affect the scope of an individual's criminal responsibility and how they should be taken into account by domestic criminal courts. Sentencing is only possible on the basis and within the limits of the law. In the 21st century, this law increasingly means regulations formulated by various non-state actors: international organisations, human rights tribunals or statutory bodies. The content of these regulations does not only refer to states, but often has a direct impact on the legal situation of individuals. Two worlds collide here. Strict criminal law is influenced by fluid regulations issued by entities that have not been empowered to exercise the right to punish. The book presents an interpretative method to support the court's inference in the cases outlined above, based on the using the concept of two interrelated norms: the norm of the individual and the norm of the court.