Legal Capital in Europe

Legal Capital in Europe
Author: Marcus Lutter
Publisher: Walter de Gruyter
Total Pages: 716
Release: 2006
Genre: Business & Economics
ISBN: 9783899493399

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 Its result was that legal capital was costly and superfluous; hence, the Second Directive should be repealed.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.

Capital Directive in Europe

Capital Directive in Europe
Author: Dirk Van Gerven
Publisher: Cambridge University Press
Total Pages: 1127
Release: 2014-05-29
Genre: Law
ISBN: 052149334X

An overview of the Capital Directive and its implementation in the European Union and the European Economic Area.

Europe's Hidden Capital Markets

Europe's Hidden Capital Markets
Author: Jean-Pierre Casey
Publisher: CEPS
Total Pages: 142
Release: 2005
Genre: Business & Economics
ISBN: 9290795964

Assessing regulatory measures taken at the EU level that impact European bond markets, this book examines the desirability, utility, and feasibility of certain policy measures.

Heterogeneity of Bank Risk Weights in the EU

Heterogeneity of Bank Risk Weights in the EU
Author: Rima Turk-Ariss
Publisher: International Monetary Fund
Total Pages: 48
Release: 2017-06-09
Genre: Business & Economics
ISBN: 1484302958

Concerns about excessive variability in bank risk weights have prompted their review by regulators. This paper provides prima facie evidence on the extent of risk weight heterogeneity across broad asset classes and by country of counterparty for major banks in the European Union using internal models. It also finds that corporate risk weights are sensitive to the riskiness of an average representative firm, but not to a market indicator of a firm’s probablity of default. Under plausible yet severe hypothetical scenarios for harmonized risk weights, counterfactual capital ratios would decline significantly for some banks, but they would not experience a shortfall relative to Basel III’s minimum requirements. This, however, does not preclude falling short of meeting additional national supervisory capital requirements.

The Capital Requirements (Amendment) (EU Exit) Regulations 2018

The Capital Requirements (Amendment) (EU Exit) Regulations 2018
Author: GREAT BRITAIN.
Publisher:
Total Pages: 80
Release: 2018-11-19
Genre:
ISBN: 9780111174661

Enabling power: European Communities Act 1972, s. 2 (2) & European Union (Withdrawal) Act 2018, s. 8 (1), sch. 7, para. 21. Issued: 19.11.2018. Sifted: -. Made: -. Laid: -. Coming into force: In accord. with reg. 1. Effect: S.I. 2008/346; 2013/3115, 3118; 2014/894 amended. Territorial extent & classification: E/W/S/NI. EC note: Regulation (EU) no. 575/2013 on prudential requirements for credit institutions & investment firms and amending Regulatino (EU) no. 648/2012; Commission Delegated Regulation (EU) 2015/61 supplementing Regulation (EU) no. 575/2013 with regard to liquidity coverage requement for credit institutions; Commission Delegated Regulation (EU) 1222/2014 supplementing Directive 2013/36/EU with regard to regulatory technical standards for the specification of the methodology for the identificaiton of glable systemically important institutions and for the defintion of subcategories of global systemically important institutions amended. For approval by resolution of each House of Parliament

A Banking Union for the Euro Area

A Banking Union for the Euro Area
Author: Rishi Goyal
Publisher: International Monetary Fund
Total Pages: 31
Release: 2013-02-12
Genre: Business & Economics
ISBN: 1475569823

The SDN elaborates the case for, and the design of, a banking union for the euro area. It discusses the benefits and costs of a banking union, presents a steady state view of the banking union, elaborates difficult transition issues, and briefly discusses broader EU issues. As such, it assesses current plans and provides advice. It is accompanied by three background technical notes that analyze in depth the various elements of the banking union: a single supervisory framework; a single resolution and common safety net; and urgent issues related to repair of weak banks in Europe.

CFTC Report

CFTC Report
Author:
Publisher:
Total Pages: 36
Release: 1987
Genre: Commodity exchanges
ISBN:

The European Restructuring Directive

The European Restructuring Directive
Author: Gerard McCormack
Publisher: Edward Elgar Publishing
Total Pages: 319
Release: 2021-04-30
Genre: Law
ISBN: 1789908817

This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.

Regulation of the EU Financial Markets

Regulation of the EU Financial Markets
Author: Danny Busch
Publisher: Oxford Eu Financial Regulation
Total Pages: 0
Release: 2017
Genre: Law
ISBN: 9780198767671

PART I: GENERAL ASPECTS 1: Introduction, Danny Busch and Guido Ferrarini PART II: INVESTMENT FIRMS AND INVESTMENT SERVICES 2: The Scope of MiFID II, Kitty Lieverse 3: Governance of Investment Firms under MiFID II, Jens-Hinrich Binder 4: The Overarching Duty to Act in the Best Interest of the Client in MiFID II, Luca Enriques and Matteo Gargantini 5: Product Governance and Product Intervention, Danny Busch 6: Independent Financial Advice, Paolo Giudici 7: Conflicts of Interest, Stefan Grundmann and Philipp Hacker 8: Inducements, Larissa Silverentand, Jasha Sprecher, and Lisette Simons 9: Agency and Principal Dealing Under MiFID, Danny Busch 10: MiFID II/MiFIR's Regime for Third-Country Firms, Danny Busch & Marije Louisse PART III: TRADING 11: TGovernance and Organization of Trading Venues: The Role of Financial Market Infrastructures Groups, Guido Ferrarini & Paolo Saguato 12: EU Financial Governance and Transparency Regulation: A Test for the Effectiveness of Post-Crisis Administrative Governance, Niamh Moloney 13: SME Growth Markets, Carmine di Noia & Rudiger Veil 14: Dark Trading Under MiFID II, Peter Gomber & Ilya Gvozdevskiy 15: Derivatives: Trading, Clearing, STP, Indirect Clearing, and Portfolio Compression, Rezah Stegeman & Aron Berket 16: Commodity Derivatives, Antonella Sciarrone Alibrandi & Edoardo Grossule 17: Algorithmic Trading and High Frequency Trading, Pierre-Henri Conac 18: An American perspective, Merritt Fox PART IV: SUPERVISION AND ENFORCEMENT 19: Public Enforcement of MiFID II, Christos Gortsos 20: The Private Law Effect of MiFID: the Genil Case and Beyond, Danny Busch PART V: THE BROADER VIEW AND THE FUTURE OF MIFID 21: MiFID II: Picking up the Crumbs of a Piecemeal Approach, Veerle Colaert 22: Shadow Banking and the Functioning of Financial Markets, Eddy Wymeersch 23: Investment-based Crowdfunding: Is MiFID II enough?, Guido Ferrarini & Eugenia Macchiavello.