Prospekt Und Kapitalmarktinformationshaftung
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| Author | : Klaus J. Hopt |
| Publisher | : Mohr Siebeck |
| Total Pages | : 1272 |
| Release | : 2005 |
| Genre | : Law |
| ISBN | : 9783161485480 |
English summary: International breakdowns of major listed companies have triggered the need for effective laws on the liability for capital market information in Germany and Europe. Under the direction of Klaus J. Hopt the Hamburg Max Planck Institute for Private Law has produced an expert opinion for the German Federal Ministry of Finance on prospectus liability in Europe, Switzerland and the United States. This publication also covers the law on the liability for continuing capital market information. German description: Die Krise der New Economy und der Niedergang des Neuen Marktes haben das aktuelle Bedurfnis nach einer wirksamen Kapitalmarktinformationshaftung verdeutlicht. Aus Anleger- und Emittentensicht genugt es nicht, die Publizitatspflichten zu harmonisieren. Vielmehr muss auch ein den Anforderungen der Kapitalmarkte gerecht werdendes Sanktionensystem bei Verletzung der Informationspflichten existieren. Fur eine Mindestharmonisierung des zivilrechtlichen Haftungssystems im Rahmen der Europaischen Union fehlen bislang allerdings systematisch aufbereitete Informationen.Das vorliegende Buch schliesst diese Lucke, indem es - ausgehend von einer detaillierten Bestandsaufnahme des geltenden Rechts in den Mitgliedstaaten der EU, der Schweiz und den USA - Ansatzpunkte fur eine Mindestharmonisierung aufzeigt und dabei okonomische Erwagungen mit einbezieht.
| Author | : Kalss, Susanne |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 544 |
| Release | : 2021-12-07 |
| Genre | : Law |
| ISBN | : 1800882246 |
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.
| Author | : Rüdiger Veil |
| Publisher | : Oxford University Press |
| Total Pages | : 545 |
| Release | : 2024-06-14 |
| Genre | : Law |
| ISBN | : 019288266X |
This is the first of a two-volume series that examines the current EU capital markets regimes and explores codification as a means for achieving a true single market for capital in Europe.
| Author | : Pierre-Henri Conac |
| Publisher | : Cambridge University Press |
| Total Pages | : 1363 |
| Release | : 2019-01-03 |
| Genre | : Law |
| ISBN | : 1108577423 |
Global Securities Litigation and Enforcement provides a clear and exhaustive description of the national regime for the enforcement of securities legislation in cases of misrepresentation on financial markets. It covers 29 jurisdictions worldwide, some of them are important although their law is not well known. It will be an invaluable resource for academics and students of securities litigation, as well as for lawyers, policy-makers and regulators. The book also provides a comprehensive contribution debate on whether public or private enforcement is preferable in terms of development of securities markets. It will appeal to those interested in the legal origins theory and in comparative securities law, and shows that the classification of jurisdictions within legal families does not explain the differences in legal regimes. While US securities law often serves as a model for international convergence, some of its elements, such as securities class actions, have not been adopted worldwide.
| Author | : Andreas M. Fleckner |
| Publisher | : Cambridge University Press |
| Total Pages | : 1252 |
| Release | : 2013-07-11 |
| Genre | : Law |
| ISBN | : 1107355117 |
The business corporation is one of the greatest organizational inventions, but it creates risks both for shareholders and for third parties. To mitigate these risks, legislators, judges, and corporate lawyers have tried to learn from foreign experiences and adapt their regulatory regimes to them. In the last three decades, this approach has led to a stream of corporate and capital market law reforms unseen before. Corporate governance, the system by which companies are directed and controlled, is today a key topic for legislation, practice, and academia all over the world. Corporate scandals and financial crises have repeatedly highlighted the need to better understand the economic, social, political, and legal determinants of corporate governance in individual countries. Comparative Corporate Governance furthers this goal by bringing together current scholarship in law and economics with the expertise of local corporate governance specialists from twenty-three countries.
| Author | : Rüdiger Veil |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 787 |
| Release | : 2022-03-24 |
| Genre | : Law |
| ISBN | : 1509942130 |
“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.
| Author | : Reinier Kraakman |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 344 |
| Release | : 2009-07-23 |
| Genre | : Business & Economics |
| ISBN | : 019956583X |
This is the second edition of this highly regarded comparative overview of corporate law. It argues that the main function of corporate law is to address conflicts of interests and that, despite economic and social diversity, legal strategies employed across jurisdictions are surprisingly similar.
| Author | : Pierre Schammo |
| Publisher | : Cambridge University Press |
| Total Pages | : 415 |
| Release | : 2011-05-19 |
| Genre | : Law |
| ISBN | : 1139496328 |
Pierre Schammo provides a detailed analysis of EU prospectus law (and the 2010 amendments to the Prospectus Directive) and assesses the new rules governing the European Securities and Markets Authority, including the case law on the delegation of powers to regulatory agencies. In a departure from previous work on securities regulation, the focus is on EU decision-making in the securities field. He examines the EU's approach to prospectus disclosure enforcement and its implementation at Member State level and breaks new ground on regulatory competition in the securities field by providing a 'law-in-context' analysis of the negotiations of the Prospectus Directive.
| Author | : Kathrin Schmidt |
| Publisher | : Diplomica Verlag |
| Total Pages | : 205 |
| Release | : 2010-07 |
| Genre | : Business & Economics |
| ISBN | : 3836686260 |
This practical handbook gives a comprehensive legal overview of regulatory issues for non-German investment companies which intend to sell the units of their investment funds in Germany. It provides useful legal information for entering the German market. The authors explain the conditions in which non-German investment products come within the scope of the German Investment Act (regulated investment funds). This book assists the readers in distinguishing between the strict boundaries of private placements and the wider rules of public distribution. Readers are provided with a legal overview in relation to the private placement of regulated investment funds, including hedge funds. This book also deals with the notification of UCITS ('Undertakings for Collective Investment in Transferable Securities' which comply with the UCITS Directive 85/611/EEC) with the Bundesanstalt fr Finanzdienstleistungsaufsicht (BaFin) for public distribution in Germany, and sets out an investment company's regulatory reporting and information duties to German unitholders and the BaFin subsequent to a notification for public distribution. The authors explain distribution and marketing rules which apply to foreign regulated investment funds in Germany. They outline the licence requirements for foreign distributors. Consumer-related issues, such as rights of revocation, consumer information and prospectus liability are also covered. This handbook sets out the requirements for listing Exchange Traded Funds on a German stock exchange and deals with continuing listing obligations and the inclusion of foreign investment funds in stock exchange trading without the issuer's consent.
| Author | : Duncan Fairgrieve |
| Publisher | : Oxford University Press |
| Total Pages | : 491 |
| Release | : 2012-09-27 |
| Genre | : Law |
| ISBN | : 0199655723 |
Examines the extraterritorial effect of collective redress litigation, looking at the way in which many collective redress issues span frontiers, and thus involve complex transnational dynamics. Includes detailed analysis of the law and jurisprudence with significant practical impact in this area.
