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Author: Xiaoning Li Publisher: Kluwer Law International ISBN: 9789041126351 Category : Derivative securities Languages : en Pages : 0
Book Description
In this book shareholders' derivative actions in England, The US, Germany and China are being compared. Western countries among themselves take differing approaches towards derivative action in practice, including its very role and the mechanisms for regulating it. As far as the function of derivative action is concerned, The author concludes that (1) derivative actions play different roles in all these countries; (2) their function may vary according To The agency problems to be solved and the type and size of the companies involved; (3) derivative action is only one method in a comprehensive system of corporate governance. Comparative study shows that the issue of how to strike a balance between corporate efficiency and protection For The company and its minority shareholders is key in derivative actions.
Author: A. J. Boyle Publisher: Cambridge University Press ISBN: 1139432079 Category : Law Languages : en Pages : 168
Book Description
A. J. Boyle assesses the state of English company law on minority shareholders' remedies from historical, theoretical and comparative perspectives in this important addition to Cambridge Studies in Corporate Law. He analyses the reforms of the UK Law Commission, which have been further appraised and amplified by the work in progress of the Company Law Review Steering Group. The book covers the common law actions by exception to the Rule in Foss v. Harbottle, and the statutory remedies by way of petition for unfair prejudice and/or just and equitable winding up. As well as considering the complexities of derivative actions and statutory minority remedies, Boyle discusses directions for minority shareholders' remedies. This book will be of interest to academics and practitioners in company and corporate law, particularly in the UK, US, France and Germany, as well as throughout the Commonwealth.
Author: Afra Afsharipour Publisher: Edward Elgar Publishing ISBN: 1788975332 Category : Law Languages : en Pages : 544
Book Description
This research handbook provides a state-of-the-art perspective on how corporate governance differs between countries around the world. It covers highly topical issues including corporate purpose, corporate social responsibility and shareholder activism.
Author: Wenjing Chen Publisher: Springer ISBN: 9811036233 Category : Law Languages : en Pages : 275
Book Description
This book studies the funding problems with shareholder litigation through a functionally comparative way. In fact, funding problems with shareholder lawsuits may largely discourage potential shareholder litigants who bear high financial risk in pursuing such a claim, but on the other hand they may not have much to gain. Considering the lack of incentives for potential shareholder claimants, effective funding techniques should be in place to make shareholder actions function as a corporate governance tool and discipline corporate management. The book analyzes, among others, the practice of funding shareholder litigation in the Australia, Canada, the UK, the US and Israel, and covers all of the typical approaches being used in financing shareholder litigation in the current world. For instance, Israel and Canada (Quebec and Ontario) are probably unique in having a public funding mechanism for derivative actions and class actions, while Australia is the country where third party litigation funding is originated and is growing rapidly. Based on this comparative research, the last part of this book discusses how to fund shareholder litigation in China in context of its social and legal background and what kind of problems need to be solved if certain funding techniques are used.
Author: Jeffrey Neil Gordon Publisher: Oxford University Press ISBN: 0198743688 Category : Business & Economics Languages : en Pages : 1217
Book Description
Corporate law and corporate governance have been at the forefront of regulatory activities across the world for several decades now, and are subject to increasing public attention following the Global Financial Crisis of 2008. The Oxford Handbook of Corporate Law and Governance provides the global framework necessary to understand the aims and methods of legal research in this field. Written by leading scholars from around the world, the Handbook contains a rich variety of chapters that provide a comparative and functional overview of corporate governance. It opens with the central theoretical approaches and methodologies in corporate law scholarship in Part I, before examining core substantive topics in corporate law, including shareholder rights, takeovers and restructuring, and minority rights in Part II. Part III focuses on new challenges in the field, including conflicts between Western and Asian corporate governance environments, the rise of foreign ownership, and emerging markets. Enforcement issues are covered in Part IV, and Part V takes a broader approach, examining those areas of law and finance that are interwoven with corporate governance, including insolvency, taxation, and securities law as well as financial regulation. The Handbook is a comprehensive, interdisciplinary resource placing corporate law and governance in its wider context, and is essential reading for scholars, practitioners, and policymakers in the field.
Author: Wolf-Georg Ringe Publisher: Oxford University Press ISBN: 0198723032 Category : Business & Economics Languages : en Pages : 289
Book Description
New investment techniques and new types of shareholder activists are shaking up the traditional ways of equity investment that inform current corporate law and governance. This book evaluates different risk-decoupling strategies and makes the case for regulatory intervention, developing a comprehensive proposal to address the regulatory problem.
Author: Andreas Cahn Publisher: Cambridge University Press ISBN: 1107186358 Category : Law Languages : en Pages : 1095
Book Description
Presents in-depth, comparative analyses of German, UK and US company laws illustrated by leading cases, with German cases in English translation.
Author: Christopher M. Bruner Publisher: Cambridge University Press ISBN: 1107354900 Category : Law Languages : en Pages : 317
Book Description
The corporate governance systems of Australia, Canada, the United Kingdom and the United States are often characterized as a single 'Anglo-American' system prioritizing shareholders' interests over those of other corporate stakeholders. Such generalizations, however, obscure substantial differences across the common-law world. Contrary to popular belief, shareholders in the United Kingdom and jurisdictions following its lead are far more powerful and central to the aims of the corporation than are shareholders in the United States. This book presents a new comparative theory to explain this divergence and explores the theory's ramifications for law and public policy. Bruner argues that regulatory structures affecting other stakeholders' interests - notably differing degrees of social welfare protection for employees - have decisively impacted the degree of political opposition to shareholder-centric policies across the common-law world. These dynamics remain powerful forces today, and understanding them will be vital as post-crisis reforms continue to take shape.
Author: Dan W. Puchniak
Author: Dan W. Puchniak
Author: Xiaoning Li
Author: A. J. Boyle
Author: Afra Afsharipour
Author: Wenjing Chen
Author: Douglas K. Moll
Author: Jeffrey Neil Gordon
Author: Wolf-Georg Ringe
Author: Andreas Cahn
Author: Christopher M. Bruner