Perspectives in Company Law and Financial Regulation

This collection of essays examines the development of company and financial law under the influence of European integration and globalisation.

Michel Tison (Edited by), Hans De Wulf (Edited by), Christoph Van der Elst (Edited by), Reinhard Steennot (Edited by)

9780521515702, Cambridge University Press

Hardback, published 18 June 2009

656 pages
23.5 x 15.6 x 3.4 cm, 1.14 kg

This collection of essays has been compiled in honour of Professor Eddy Wymeersch on the occasion of his retirement as professor at Ghent University. His main international academic peers explore developments on the crossroads of company law and financial regulation in Europe and the United States, providing a unique view on the dynamics of regulatory competition in an era of economic globalisation, whether in the fields of rulemaking, organising the mobility of capital or the enforcement of rules. The deepening of European financial integration and the transatlantic regulatory dialogue has generated new paradigms of rule-setting in a multinational framework and reinforced the need to develop adequate instruments for co-operation between regulators. Regulators increasingly use concepts such as equivalence or mutual recognition to regulate cross-border relations.

Part I. Perspectives in Company Law: Section 1. European Company Law: Regulatory Competition and Free Movement of Companies: 1. The European Model Company Law Act project Theodor Baums and Paul Krüger Andersen
2. The Societas Privata Europaea: a basic reform of EU law on business organizations Theo Raaijmakers
3. Ius Audicibus. The future of EU company law Jaap Winter
4. Free movement of capital and protectionism after Volkswagen and Viking Line Jonathan Rickford
5. Centros and the cost of branching Marco Becht, Luca Enriques and Veronika Korom
6. Towards the end of the real seat theory in Europe? Michel Menjucq
7. The Commission recommendations of 14 December 2004 and of 15 February 2005 and their implementation in Germany Marcus Lutter
8. The Nordic corporate governance model - a European model? Jesper Lau Hansen
Section 2. Corporate Governance, Shareholders' Rights and Auditing: 9. Stakeholders and the legal theory of the corporation Peter Nobel
10. The renaissance of organized shareholder representation in Europe Stefan Grundmann
11. In search of a middle ground between the perceived excesses of US style class actions and the generally ineffective collective action procedures in Europe Douglas W. Hawes
12. Some modest proposals to provide viable damages remedies for French investors Marie-Claude Robert-Hawes
13. Pre-clearance in European accounting law - the right step? Wolfgang Schön
14. International standards on auditing and their adoption in the EU: legal aspects and unsettled questions Hanno Merkt
15. Corporate governance: directors' duties, financial reporting and liability - remarks from a German perspective Peter Hommelhoff
16. Some aspects of capital maintenance law in the UK Dan Prentice and J. Vella
17. Luxembourg company law - a total overhaul André Prüm
18. The role of corporate governance reform and enforcement in the Netherlands Joe McCahery and Erik Vermeulen
Section 3. Takeover Law: 19. The adoption of the European Directive on Takeover Bids Joëlle Simon
20. The application of the Dutch investigation procedure on two listed companies: the Gucci and ABN Amro cases Levinus Timmerman
21. Obstacles to corporate restructuring - observations from a European and German perspective Klaus J. Hopt
22. Protection of third party interest under German takeover law Harald Baum
23. Takeover defenses and the role of law: a Japanese perspective Hideki Kanda
Part II. Perspectives in Financial Regulation
Section 1. European Perspectives: 24. Principle-based, risk-based regulation and effective enforcement Eilis Ferran
25. The Committee of European Securities Regulators and Level 3 of the Lamfalussy Process Niamh Moloney
26. Market transparency and best execution: bond trading under Mifid Guido Ferrarini
27. The statutory authority of the European Central Bank and euro-area national central banks over TARGET2-securities Peter O. Mulbert and Rebekka M. Wiemann
Section II. Transatlantic Perspectives: 28. Learning from Eddy: a meditation upon organizational reform of financial supervision in Europe Howell J. Jackson
29. The SEC embraces mutual recognition Roberta Karmel
30. Steps toward the 'Europeanization' of US securities regulation, with thoughts on the evolution and design of a multinational securities regulator Donald C. Langevoort
31. The subprime crisis: does it ask for more regulation? Friedrich Kübler
Part III. Miscellaneous: 32. The practitioner and the professor - is there a theory of commercial law? Jean Nicolas Druey
33. A short paean for Eddy Ruben Lee
34. Juries and the political economy of legal origin Mark J. Roe.

Subject Areas: Financial services law & regulation [LNPF], Company, commercial & competition law [LNC]