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Author: Bernhard Umfarher
Publisher:
ISBN: 9789050958844
Category : Business enterprises
Languages : en
Pages : 0
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Book Description
Given the current turmoil in global financial markets, a sound and properly functioning capital maintenance system, for companies whose shareholders benefit from limited liability, is of paramount importance. Capital maintenance rules deal with topics such as minimum capital requirements, restrictions to pay dividends, financial assistance, etc. The overall goal is to provide companies with adequate financial resources. However, especially in times when increased attention is drawn to the topics covered by capital maintenance, consideration needs to be given to what the law can do and what it is neither able nor even intended to do. This book contributes to the discussion of how current capital maintenance rules should be amended in order to achieve a more efficient system.
Author: Bernhard Umfahrer
Publisher:
ISBN: 9783708305837
Category : Business enterprises
Languages : en
Pages : 150
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Book Description
Author: Bernhard Umfarher
Publisher:
ISBN: 9789050958844
Category : Business enterprises
Languages : en
Pages : 0
Get Book Here
Book Description
Given the current turmoil in global financial markets, a sound and properly functioning capital maintenance system, for companies whose shareholders benefit from limited liability, is of paramount importance. Capital maintenance rules deal with topics such as minimum capital requirements, restrictions to pay dividends, financial assistance, etc. The overall goal is to provide companies with adequate financial resources. However, especially in times when increased attention is drawn to the topics covered by capital maintenance, consideration needs to be given to what the law can do and what it is neither able nor even intended to do. This book contributes to the discussion of how current capital maintenance rules should be amended in order to achieve a more efficient system.
Author: Bayless Manning
Publisher:
ISBN:
Category : Corporations
Languages : en
Pages : 200
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Book Description
Author: Marcus Lutter
Publisher: Walter de Gruyter
ISBN: 311092658X
Category : Law
Languages : en
Pages : 713
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Book Description
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: Emilios Avgouleas
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110749513
Category : Law
Languages : en
Pages : 299
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Book Description
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: Ruoying Chen
Publisher:
ISBN:
Category :
Languages : en
Pages : 24
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Book Description
Since the first corporate law in China was passed in 1993(the 1993 Corporate Law), China took a rather strict approach on enforcing capital maintenance requirement, especially through a requirement of a statutory minimal registered capital. Such an approach survived in the substantial revision of corporate law, taking effect in the year of 2005 (the 2005 Corporate Law). In 2013, such a requirement was abandoned rather dramatically with the issuance of a set of regulatory rules by the State Administration of Industry and Commerce (the company registrar) and subsequently confirmed in a set of amendments to the corporate law (the 2013 Corporate Law). The reactions to such a rather sudden change diverged. Some praised this change a revolution which would liberate the market and unleash the power of investment. Others, however, expressed reservations and deep concerns, especially with respect to the protection of creditors of small-to-medium-sized companies without track-record in the market. The evolution of the capital maintenance requirement in China fits well with the general trend and patterns in other jurisdictions: moving from a stringent legal capital regime towards a more liberalized and flexible capital regime, such as France, Germany, Japan and Korea. Meanwhile, this process presented certain features unique to China, which is the focus of this Chapter. In particular, the evolution has closely tracked the economic reform in China of a centrally planned economy to a more market-oriented economy. Meanwhile, the capital maintenance rule in China is still a work-in-progress in terms of achieving the goal of protecting creditors' interest with a liberalized subscribed capital regime, leaving critical gaps and challenges.The rest of the Chapter is organized as follows. Section I provides a brief overview of China's economic reform for the past four decades and its impact on corporate law in general, and the evolution capital maintenance rule in particular. Section II provided an overview of the legal capital regime under the 1993 Corporate Law and 2005 Corporate Law. Section III sets out the various costs of the legal capital regime. Section IV introduced the new capital rule regime created under the 2013 Corporate Law, especially the subscribed capital regime. Section V sets out a few challenges embedded in this new regime. A brief conclusion follows in the end.
Author: Stefan Grundmann
Publisher: Intersentia Limited
ISBN: 9781780680194
Category : Business enterprises
Languages : en
Pages : 0
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Book Description
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)
Author: Gerard McCormack
Publisher:
ISBN: 9781786433305
Category : Bankruptcy
Languages : en
Pages : 0
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Book Description
Critically analyzing the substantive law of insolvency in the EU countries as a whole, this book carries out horizontal cross-cutting analysis of the data gathered from a study of national insolvency laws. It selects particular areas for detailed discussion and considers the pros and cons of particular legislative solutions. Using the US and Norway as comparator countries, the expert authors identify areas where disparities in national laws produce problems that have impacts outside national boundaries. They analyse these against key policy goals including; improving economic performance throughout the EU, Promoting a more competitive business environment, efficient asset allocation and building more stable and sustainable human capital in terms of support for entrepreneuers and responses to consumer overindebtedness. The book also considers possible reform and harmonisation measures situated against the wider contextual background of the Capital Markets Union and the Europe 2020 agenda of promoting jobs and growth. Discerning and practical, European Insolvency Law will appeal to academics in both insolvency and finance as well as Insolvency practitioners and lawyers. Its reform suggestions will be of interest to EU Member States' government departments as well as providing a useful reference for Consumer associations and Debt charities.
Author: Liber Amicorum
Publisher:
ISBN: 9789291817016
Category : Banking law
Languages : en
Pages : 414
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Book Description
"The book contains a collection of articles on the European Union and the European System of Central Banks (ESCB), the Eurosystem, monetary law, central bank independence and central bank statutes as well as on financial law. The authors are current or former members of the Legal Committee of the ESCB (LEGCO). This book commemorates ten years of work by the Working Group of Legal Experts of the European Monetary Institute and by the LEGCO. It is dedicated to Mr Paolo Zamboni Garavelli, former Head of the Legal Department at the Banca d'Italia and member of LEGCO, who died in 2004."--Editor.
Author: Eilis Ferran
Publisher: Oxford University Press
ISBN: 0199671346
Category : Business & Economics
Languages : en
Pages : 531
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Book Description
With the additional contribution of Look Chan Ho, an expert in the field of corporate finance, this thoroughly revised and updated second edition of Ferran's 'Principles of Corporate Finance Law' explores the relationship between law and finance.
