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Author: John Lowry
Publisher: Pearson Higher Ed
ISBN: 1408272849
Category : Law
Languages : en
Pages : 657
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Book Description
Pettet, Lowry & Reisberg's Company Lawoffers a sophisticated and comprehensive overview of company law doctrine coupled with thorough analysis of the context within which the black letter rules operate. Company Law provides analysis of the theories, policies and wider social, economic and political influences which underpin the legal principles. The authors present the complexities of the subject in a clear, highly readable manner which is accessible and manageable for students.
Author: John Lowry
Publisher: Pearson Higher Ed
ISBN: 1408272849
Category : Law
Languages : en
Pages : 657
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Book Description
Pettet, Lowry & Reisberg's Company Lawoffers a sophisticated and comprehensive overview of company law doctrine coupled with thorough analysis of the context within which the black letter rules operate. Company Law provides analysis of the theories, policies and wider social, economic and political influences which underpin the legal principles. The authors present the complexities of the subject in a clear, highly readable manner which is accessible and manageable for students.
Author: Arad Reisberg
Publisher: Pearson UK
ISBN: 1292078669
Category : Corporation law
Languages : en
Pages : 843
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Book Description
Author: Carsten Gerner-Beuerle
Publisher: Oxford University Press
ISBN: 0191059080
Category : Law
Languages : en
Pages : 1704
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Book Description
Comparative Company Law provides a systematic and coherent exposition of company law across jurisdictions, augmented by extracts taken from key judgments, legislation, and scholarly works. It provides an overview of the legal framework of company law in the US, the UK, Germany, and France, as well as the legislative measures adopted by the EU and the relevant case law of the Court of Justice. The comparative analysis of legal frameworks is firmly grounded in legal history and legal and economic theory and bolstered by numerous extracts (including extracts in translation) that offer the reader an invaluable insight into how the law operates in context. The book is an essential guide to how company law cuts across borders, and how different jurisdictions shape the corporate lifespan from its formation by way of incorporation to its demise (corporate insolvency) and eventual dissolution. In addition, it offers an introduction to the nature of the corporation, the framework of EU company law, incorporation and corporate representation, agency problems in the firm, rights of stakeholders and shareholders, neutrality and defensive measures in corporate control transactions, legal capital, piercing the corporate veil, and corporate insolvency and restructuring law.
Author: Dan W. Puchniak
Publisher: Cambridge University Press
ISBN: 1139510592
Category : Law
Languages : en
Pages : 477
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Book Description
This in-depth comparative examination of the derivative action in Asia provides a framework for analysing its function, history and practical application and examines in detail how derivative actions law works in practice in seven important Asian jurisdictions (China, Hong Kong, India, Japan, Korea, Taiwan and Singapore). These case studies allow an evaluation of a number of the leading Western comparative corporate law and governance theories which have come to define the field over the last decade. By debunking some of these critically important theories, this book lays the foundation for an accurate understanding of the derivative action in Asia and a re-examination of the regulation of the derivative action around the world.
Author: Alan K Koh
Publisher: Cambridge University Press
ISBN: 110875161X
Category : Law
Languages : en
Pages : 427
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Book Description
Close corporations, which are legal forms popular with small and medium enterprises, are crucial to every major economy's private sector. However, unlike their 'public' corporation counterparts, close corporation minority shareholders have limited exit options, and are structurally vulnerable in conflicts with majority or controlling shareholders. 'Withdrawal remedies'-legal mechanisms enabling aggrieved shareholders to exit companies with monetary claims-are potent minority shareholder protection mechanisms. This book critically examines the theory and operation of withdrawal remedies in four jurisdictions: the United States, the United Kingdom, Germany, and Japan. Developing and applying a theoretical and comparative framework to the analysis of these jurisdictions' withdrawal remedies, this book proposes a model withdrawal remedy that is potentially applicable to any jurisdiction. With its international, functional, and comparative analysis of withdrawal remedies, it challenges preconceptions about shareholder remedies and offers a methodology for comparative corporate law in both scholarship and practice.
Author: Marc Moore
Publisher: Bloomsbury Publishing
ISBN: 1782250867
Category : Business & Economics
Languages : en
Pages : 336
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Book Description
Over recent decades corporate governance has developed an increasingly high profile in legal scholarship and practice, especially in the US and UK. But despite widespread interest, there remains considerable uncertainty about how exactly corporate governance should be defined and understood. In this important work, Marc Moore critically analyses the core dimensions of corporate governance law in these two countries, seeking to determine the fundamental nature of corporate governance as a subject of legal enquiry. In particular, Moore examines whether Anglo-American corporate governance is most appropriately understood as an aspect of 'private' (facilitative) law, or as a part of 'public' (regulatory) law. In contrast to the dominant contractarian understanding of the subject, which sees corporate governance as an institutional response to investors' market-driven private preferences, this book defines corporate governance as the manifestly public problem of securing the legitimacy – and, in turn, sustainability – of discretionary administrative power within large economic organisations. It emphasises the central importance of formal accountability norms in legitimating corporate managers' continuing possession and exercise of such power, and demonstrates the structural necessity of mandatory public regulation in this regard. In doing so it highlights the significant and conceptually irreducible role of the regulatory state in determining the key contours of the Anglo-American corporate governance framework. The normative effect is to extend the state's acceptable policy-making role in corporate governance, as an essential supplement to private ordering dynamics. Shortlisted for The Peter Birks Prize for Outstanding Legal Scholarship 2013.
Author: Eva Micheler
Publisher: Oxford University Press
ISBN: 0198858876
Category : Law
Languages : en
Pages : 321
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Book Description
This book advances a real entity theory of company law, in which the company is a legal entity which acts autonomously in law, and company law establishes procedures facilitating autonomous organisational decision-making. The theory builds on the insight that organisations or firms are a social phenomenon outside of the law and that these are autonomous actors in their own right. They are more than the sum of the contributions of their participants and they act independently of the views and interests of their participants. This occurs because human beings change their behaviour when they act as members of a group or an organisation; in a group we tend to develop and conform to a shared standard, and when we act in organisations habits, routines, processes, and procedures form and a culture emerges. These take on a life of their own affecting the behaviour of the participants. Participants can affect organisational behaviour but this takes time and effort. Company law finds this phenomenon and supplies it with a structure supporting autonomous action by organisations. The real entity theory advanced in this book explains company law as it stands at a positive level. Legal personality overcomes the problems that organisations are social rather than brute facts and that there is no unique physical manifestation permanently associated with an organisation. The corporate constitution is not a contract - it is best characterised as an instrument adopted on a statutory basis through private action. Shareholders cannot limit the capacity of companies or the authority of the board to bind the company in contract and companies are liable in tort and crime. The statute creates roles for shareholders, directors, a company secretary, and auditors and so facilitates a process leading to organisational action. The law also integrates the interests of creditors and stakeholders.
Author: Allam Hamdan
Publisher: Springer Nature
ISBN: 3031283147
Category : Technology & Engineering
Languages : en
Pages : 1022
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Book Description
This book aims at bringing together global researchers to generate thought on how this transition from Industry 4.0 to Industry 5.0 could make a difference to the globe for larger good. The collaboration and interaction between man and machine has given rise to Industry 5.0. With the prime objective of Industry 5.0 to create a benefit for the human beings while tapping on to the advantage of Industry 4.0, in no case, does it replace what has already been achieved. In fact, it brings to light what can be done in order to make life better. While Industry 4.0 offered extraordinary technological advancement, Industry 5.0 reasons out that technology alone is not sufficient to answer everything or provide a solution, but it is an amalgamation of both machine and human interaction to create that difference. In fact, with the impact of widespread digitalization that has led to dehumanization of the industrial makeup, the interest of global researchers has increased toward mapping how the human creativity and brainpower can be reconciled with the intelligent systems that can enhance process efficiency. Industry 5.0 has touched upon some of those key domains which are of much concern and debate globally including resilience (both business and cyber), environment and sustainability, diversity and inclusion, values and ethics, vision and purpose, circular economy, understanding the human–machine collaboration and the ‘human-touch’ in the production process. This transition that has taken place in moving from Industry 4.0 to Industry 5.0 has essentially created a need to pay cognizance to the role of ‘human’ in the process which creates an enhanced focus toward the right kind of skills and competencies, identification of training and developmental needs, talent acquisition and management, safety and wellbeing, future of work as well as hybrid working models. Undeniably, the pace with which Industry 4.0 has been accelerating has bypassed the first three industrial revolutions, which is definitely a consequence of the fast introduction of new and cutting-edge technologies. While organizations are already in analyzing the context, mapping this transition and the flow of activities from Industry 4.0 to 5.0 is gaining attention as Industry 4.0 lacked personalization and customization. This co-existence of man and machine creates a pathway for newer prospects and opportunities to emerge and expand possibilities of personalization with the empowerment of ‘human’ in the production process. This lays the foundation for this book. This book adopts a forward-looking approach by bringing in research and contributions that facilitate in mapping the consereasons, consequences and solutions for ‘man+machine’ across industries. This book serves as a guide not just to academia but also to the industry to adopt suitable strategies that offer insights into global best practices as well as the innovations in the domain.
Author: Andreas Kokkinis
Publisher: Routledge
ISBN: 1000335550
Category : Business & Economics
Languages : en
Pages : 473
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Book Description
Banking regulation and the private law governing the bank-customer relationship came under the spotlight as a result of the global financial crisis of 2007–2009. More than a decade later UK, EU and international regulatory initiatives have transformed the structure, business practices, financing models and governance of the banking sector. This authoritative text offers an in-depth analysis of modern banking law and regulation, while providing an assessment of its effectiveness and normative underpinnings. Its main focus is on UK law and practice, but where necessary it delves into EU law and institutions, such as the European Banking Union and supervisory role of the European Central Bank. The book also covers the regulation of bank corporate governance and executive remuneration, the promises and perils of FinTech and RegTech, and the impact of Brexit on UK financial services. Although detailed, the text remains easy to read and reasonably short; pedagogic features such as a glossary of terms and practice questions for each chapter are intended to facilitate learning. It is a useful resource for students and scholars of banking law and regulation, as well as for regulators and other professionals who are interested in reading a precise and evaluative account of this evolving area of law.
Author: Nikolaos Pitropakis
Publisher: Springer Nature
ISBN: 3031667085
Category :
Languages : en
Pages : 296
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Book Description
