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| Author | : Richard Whittington |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 292 |
| Release | : 2002 |
| Genre | : Business & Economics |
| ISBN | : 9780199251049 |
The evolving strategies and structure of large European firms are examined in a comparative and historical context, and in the context of a range of hypotheses associated with Alfred Chandler.
| Author | : Nicola de Luca |
| Publisher | : Cambridge University Press |
| Total Pages | : 599 |
| Release | : 2021-04-15 |
| Genre | : Law |
| ISBN | : 1108843522 |
This successful textbook remains the only offering for students of European company law, and has been fully updated.
| Author | : Adriaan F.M. Dorresteijn |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 380 |
| Release | : 2016-04-24 |
| Genre | : Law |
| ISBN | : 9041185941 |
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.
| Author | : Klaus Gugler |
| Publisher | : Cambridge University Press |
| Total Pages | : 315 |
| Release | : 2023-06-15 |
| Genre | : Business & Economics |
| ISBN | : 1009244604 |
The product of a long-standing collaboration and recent collective research effort by members of the CGEUI network, The European Corporation makes an important contribution to the ongoing debate over convergence to the Anglo-Saxon model of corporate governance and persistence in corporate governance and law in Europe. This book fills the gap in the debate, and literature's lack of country-specific evidence on the evolution of ownership and control which has proven to be a serious impediment to both legal and economic analysis and evidence-based policymaking. It provides systematic and comparable accounts of ownership and control structure change (respectively persistence) in large firms across Europe over the decades following the 'global corporate governance revolution' in the 1990s. Focusing on countries in Europe's four main regions, this volume presents and discusses the net effects of the interplay between the 'global corporate governance revolution' and of its main countervailing forces in Europe.
| Author | : Beate Sjåfjell |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 594 |
| Release | : 2009-01-01 |
| Genre | : Law |
| ISBN | : 9041127682 |
No one doubts any longer that sustainable development is a normative imperative. Yet there is unmistakably a great reluctance to acknowledge any legal basis upon which companies are obliged to forgo 'shareholder value' when such a policy clearly dilutes responsibility for company action in the face of continuing environmental degradation. Here is a book that boldly says: 'Shareholder primacy' is wrong. Such a narrow, short-term focus, the author shows, works against the achievement of the overarching societal goals of European law itself. The core role of EU company and securities law is to promote economic development, notably through the facilitation of market integration, while its contributory role is to further sustainable development through facilitation of the integration of economic and social development and environmental protection. There is a clear legal basis in European law to overturn the poorly substantiated theory of a 'market for corporate control' as a theoretical and ideological basis when enacting company law. With rigorous and persuasive research and analysis, this book demonstrates that: European companies should have legal obligations beyond the maximization of profit for shareholders; human and environmental interests may and should be engaged with in the realm of company law; and company law has a crucial role in furthering sustainable development. As a test case, the author offers an in-depth analysis of the Takeover Directive, showing that it neither promotes economic development nor furthers the integration of the economic, social and environmental interests that the principle of sustainable development requires. This book goes to the very core of the ongoing debate on the function and future of European company law. Surprisingly, it does not make an argument in favour of changing EU law, but shows that we can take a great leap forward from where we are. For this powerful insight - and the innumerable recognitions that support it - this book is a timely and exciting new resource for lawyers and academics in 'both camps' those on the activist side of the issue, and those with company or official policymaking responsibilities.
| Author | : Andrea Vicari |
| Publisher | : Walter de Gruyter GmbH & Co KG |
| Total Pages | : 370 |
| Release | : 2021-03-08 |
| Genre | : Law |
| ISBN | : 3110725134 |
The book provides students of European company law courses, scholars and practitioners with an overview. Although company law remains mainly regulated at the level of national laws, it has become important to obtain a systematic view of the main directives in the field of company law, the EU Court of Justice’s jurisprudence, the European Model Company Act and the state of implementation of these directives in the member states of the Union. The book therefore contains, in addition to the illustration of the law laid down by EU legislative bodies and the related soft laws, detailed references to the most important domestic legislations and case laws, in order to make them known and usable as much as possible. Moreover, the book allows identifying the most relevant current legislative trends and the main historical reasons for divergences.
| Author | : Emilios Avgouleas |
| Publisher | : Walter de Gruyter GmbH & Co KG |
| Total Pages | : 299 |
| Release | : 2021-12-20 |
| Genre | : Law |
| ISBN | : 3110749513 |
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.
| 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.
| Author | : |
| Publisher | : BRILL |
| Total Pages | : 342 |
| Release | : 2018-12-10 |
| Genre | : History |
| ISBN | : 9004387854 |
William A. Pettigrew and David Veevers put forward a new interpretation of the role Europe’s overseas corporations played in early modern global history, recasting them from vehicles of national expansion to significant forces of global integration. Across the Mediterranean, Atlantic, Indian Ocean and Pacific, corporations provided a truly global framework for facilitating the circulation, movement and exchange between and amongst European and non-European communities, bringing them directly into dialogue often for the first time. Usually understood as imperial or colonial commercial enterprises, The Corporation as a Protagonist in Global History reveals the unique global sociology of overseas corporations to provide a new global history in which non-Europeans emerged as key stakeholders in European overseas enterprises in the early modern world. Contributors include: Michael D. Bennett, Aske Laursen Brock, Liam D. Haydon, Lisa Hellman, Leonard Hodges, Emily Mann, Simon Mills, Chris Nierstrasz, Edgar Pereira, Edmond Smith, Haig Smith, and Anna Winterbottom.
| Author | : Sigurt Vitols and Norbert Kluge |
| Publisher | : ETUI |
| Total Pages | : 266 |
| Release | : 2011 |
| Genre | : Corporate governance |
| ISBN | : 2874522198 |
For the past two decades corporate governance reform in Europe has been guided by the ‘shareholder value’ model of the firm. That model has been discredited as one of the major causes of the financial and economic crisis. In a new book published by the ETUI an alternative approach to corporate governance is presented by members of the GOODCORP network of researchers and trade unionists. This new approach, entitled the Sustainable Company, draws on both traditional ‘stakeholder’ models of the firm and newer concerns with sustainability. The main elements of the Sustainable Company and the institutions needed to support it are presented. Key themes in the book are the need for worker ‘voice’ in corporate governance and for a binding legislative framework to promote sustainability. Individual chapters deal with the issues of worker involvement, employee shareholding, sustainability-oriented remuneration, international framework agreements, NGO-trade union relationships, reforming financial regulation and carbon taxes and emissions-trading schemes.
