European Corporate Law

Author: A. F. M. Dorresteijn
Publisher:
ISBN: 9789041124845
Format: PDF, Docs
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In the past few years, the European Commission and the European Court of Justice have each in their own way contributed to a resurgence of the harmonisation programme in corporate law. The Court s trilogy of its Centros, Uberseering and Inspire Art judgements have marked a fundamental policy switch regarding the right of establishment for companies and other legal entities. And, perhaps most significantly, the Commission is now encouraged to launch a draft Statute for a European Private Company which it is hoped will be a supranational business organisation as was originally envisaged for the SE. However, notwithstanding these developments, at the national level diversity is still the key word for those who try to understand corporate laws within the EU. As in the First Edition (1995) of this well-known book, the authors demonstrate that analysis and comparison of national corporate laws on a number of issues yield highly valuable general principles and observations, not least because business organisations, wherever located, tend to show a fundamentally similar set of legal characteristics. To its original selection of six representative jurisdictions Belgium, France, Germany, The Netherlands, Spain, and the United Kingdom the Second Edition now adds Poland, thus including an Eastern European perspective to supplement those of continental Europe and the common law system of the UK. The book provides in-depth examination of the implications involved in such issues and trends as the following: acknowledgement by other Member States of the legal status of a company formed in accordance with a particular national law; a company s freedom to incorporate in a jurisdiction not its own; competition among the legal forms of different Member States; safeguarding of employee involvement in cross-border transactions, especially mergers; simplified company forms adopted in several jurisdictions; creation of new forms of business organisations and step-up varieties of existing company forms; and developments regarding group law. Noting a powerful trend to modernise company law in order to meet the cross-border needs of the European business community, this revised 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."

European Company Law

Author: Stefan Grundmann
Publisher: Intersentia Limited
ISBN: 9781780680194
Format: PDF, Kindle
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Over the last decade, European company law has been completely re-written. Virtually no EU measure remained unchanged and most of them have undergone fundamental reform. This is astonishing since almost half of these measures only came into existence after the turn of the millennium. In the last five years, 'modern' European company law has been characterized by a strong foundation of accounting law: i.e. the basic information scheme in international models (IFRS); the practicability and reality of cross-border mobility in its different types; and the considerable success (at last) of European company types, namely in the form of the European Company, which has been adopted by many blue chip companies, and, finally, by governance. The latter is also experiencing a remarkable renaissance of shareholders' rights, namely voting right schemes. In times of crisis, this is the equipment with which the challenges have to be met. European Company Law first discusses the EC/EU law, including all instruments through which it is transposed into the national law systems. However, where no EC/EU law exists, a comparative law discussion and the policy aspects - namely law and economics - fill the gaps. The whole organism of (limited liability) company law is thus covered. In addition to organization, accounting, finance, and the closely-related capital market law, this second edition covers the cornerstones of EC/EU corporate tax and insolvency law. This broad scientific perspective of the 'European' in company law remains unique and will be of greatest value for top-level practice and highly-ranked policy discussions. (Series: Ius Communitatis - Vol. 1)

EU Internet Law

Author: Andrej Savin
Publisher: Edward Elgar Publishing
ISBN: 1784717975
Format: PDF, ePub
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This comprehensive book provides a detailed overview of EU internet regulation in all its key areas, as well as giving a critical evaluation of EU policymaking and governance. This thoroughly revised second edition includes latest developments in the case law of the Court of Justice. It also discusses pending proposals in telecommunications, copyright and privacy laws as well as the new directions in internet regulation resulting from the Commission’s 2015 strategy document.

EU Public Procurement Law

Author: Christopher Bovis
Publisher: Edward Elgar Publishing
ISBN: 0857938428
Format: PDF, ePub, Mobi
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ïThe Second Edition of EU Public Procurement Law provides a comprehensive view of the policies, legislation and cases that define this area of law. Written from a pan-European perspective, it will be a useful guide for students and practitioners alike. As well as describing the public contracts, utilities and remedies directives, this work details the European cases that have shaped the law and the relationship between procurement law and other forms of regulation such as state aid. Of particular interest to the practitioner, there are specific sections on remedies, evaluation criteria and different forms of procurement such as services concessions, public-private partnerships and public-public partnerships.Í _ Hazel Grant, Partner, Bristows, London, UK Acclaim for first edition: ïThis book will serve as an essential resource for anyone interested in the legal regime of public procurement. It offers a comprehensive and topical analysis of EU law and its interaction with national law and policies in an area of growing economic importance.Í _ Ruth Nielsen, Copenhagen Business School, Denmark In this fully revised and updated edition, Christopher Bovis provides a detailed, critical, concise and accessible overview of the public procurement legal framework and its interaction with policies within the European Union and the its Member States. Public procurement represents an essential part of the Single Market project, launched by European Institutions in 2011. Its regulation will insert competition and transparency in the market and be a safeguard to the attainment of fundamental principles of the Treaties. This book demonstrates the impact of the relevant Directives on Member States through the development of the case law of the European Court of Justice and assesses the judicial review of public contracts at national level. It positions public procurement at the centre of the legal and policy debate surrounding the delivery of public services and the advancement of competitiveness and industrial policy in the EU. The book highlights the pivotal role of public procurement for the Europe 2020 Growth Strategy. Demonstrating the concepts and principles of public procurement, this comprehensive book will have a strong appeal to academic researchers, lawyers, judges, practitioners, and policymakers at the European, international and national levels as well as students of law, policy and management.

Modernization of European Company Law and Corporate Governance

Author: Gert-Jan Vossestein
Publisher: Kluwer Law International
ISBN: 9041125922
Format: PDF
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This new book offers a substantial framework for examining the competence or powers of the EC in the field of company law, and the requirements for the lawful exercise of these powers (the principle of subsidiarity and the observance of Article 43 EC in particular). In order to provide a clear understanding of the practical relevance of this framework, the author tests the provisions of specific EC company law instruments for compatibility with the EC Treaty. Although the substantial body of EC company law that has been built up over the years is covered, the focus is on EC company law instruments which have been adopted in implementation of the 2003 Action Plan. The book includes a survey of the various company law instruments (both pre-and post-Action Plan) which together make up EC company law, and discusses the objectives of EC company law policy. --

Introduction to Company Law

Author: Paul Lyndon Davies
Publisher: Oxford University Press
ISBN: 0199601321
Format: PDF, Kindle
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Part of the 'Clarendon Law Series' this volume offers a concise introduction to company law. It sets out the five key functions of company law, as well as examining how to maximise the benefits whilst minimising the costs of creating a company.

EU Corporate Law and EU Company Tax Law

Author: Luca Cerioni
Publisher: Edward Elgar Publishing
ISBN: 9781847205308
Format: PDF, Docs
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With the European Union striving to become the world's most competitive economy, the developments in the two closely interconnected areas of European corporate law and European company tax law are of utmost importance. This book focuses on the crucial issues raised by these developments, on their far-reaching implications and on the key challenges to the future legislative choices. The book illustrates the key developments in EU corporate law and EU company tax law, the EU planned initiatives in these areas, and - at a time when member states increasingly tend to use company law and company tax provisions to attract businesses and investments - it suggests how future developments can contribute to the undistorted functioning of the internal market and to the strategic 'Lisbon-objective'. The explanation of these legislative and case-law developments is of use to students and indicates new opportunities for business expansion strategies throughout the European Community. The book concludes that new optional, but attractive, EU company law vehicles and company tax regimes would be, in these two areas, the only legal and effective means towards an undistorted functioning of the internal market and towards the Lisbon-objective. This ultimately gives rise to a far-reaching challenge for all debates on the future patterns of European integration. Luca Cerioni introduces new themes for academic research and discussion subjects for decision-makers and at the same time, uniquely, makes these accessible to a much wider international public of students, businesses and practitioners.

The European Company Law Action Plan Revisited

Author: Koen Geens
Publisher: Leuven University Press
ISBN: 9058678059
Format: PDF, Kindle
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The harmonistation of company law has always been on the agenda of the European Union. Besides the protection of third parties affected by business transactions, the founders had two other objectives: first, promoting freedom of establishment, and second, preventing the abuse of such freedom. On the basis of the so-called Winter Group Report, the Commission wrote its Company Law Action Plan, which was issued on 21 May 2003. Now, six years later, a revisit is appropriate. This book presents five papers on the main priorities of the Action Plan: capital and creditor protection, corporate governance, one share one vote, financial reporting, and corporate mobility. The book also includes responses and ensuing discussions by reputed European company law experts

Understanding Chinese Company Law Second Edition

Author: Minkang Gu
Publisher: Hong Kong University Press
ISBN: 9888028626
Format: PDF
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In China, the thirty-year economic reform reflects the process of moving from planned economy towards market economy. This could be seen From the changes in the 2005 Company Law, which recognizes the owners' property rights and gives more freedoms to them to decide various matters. In this new edition, besides offering a systemic the constitution of companies, the establishment of various companies, role and function of various parties in corporate governance, and corporate financing, Gu Minkang highlights the major changes in the 2005 Company Law, and addresses many new issues such as shareholders' derivative action, American limited liability company, and asset restructuring of listed companies. Another important feature is a comparison between the 1993 Company Law and the 2005 Company Law that will facilitate reading and understanding. This comprehensive and up-to-date presentation of Chinese company law will be of value to all who are involved in business with and in China and their legal advisors, and to students of Chinese company law.

EU International Relations Law

Author: Panos Koutrakos
Publisher: Bloomsbury Publishing
ISBN: 1782254897
Format: PDF, ePub
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This new edition provides a definitive, comprehensive and systematic analysis of the law governing the EU's action in the world. Updated to take into account the Lisbon Treaty and recent case law, the book covers all constitutional aspects of the EU's international action and the procedures for treaty-making. It analyses the relationship between the EU and its Members with emphasis on mixed agreements, and the status of international law in the EU legal order. It explores the links between the EU and international organisations (such as the WTO) and examines the EU's external economic and political relations and its various links with third countries, including its neighbours. It analyses, amongst others, the Common Commercial Policy, sanctions, the Common Foreign and Security Policy, and the Common Security and Defence Policy. This new edition is the most up-to-date work of its kind, examining both the law and practice in a wide range of external policies, placing the law in its political and economic context and exploring the links between the EU's external and internal actions.