Shareholders Liability The Comparative Law Yearbook Of International Business Special Issue 2017

Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041184120
Total Pages : 266 pages
Book Rating : 4.22/5 ( download)

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Download or read book Shareholders’ Liability: The Comparative Law Yearbook of International Business Special Issue, 2017 written by and published by Kluwer Law International B.V.. This book was released on 2017-03-24 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shareholder liability was once discussed only in terms of liability for the debts of the corporation in which the shareholders hold interest. That is now a shifting scene, influenced in the main by the emergence of shareholder activism and derivative litigation, with its attendant increase of risk for officers and directors, and “fee shifting” provisions in corporate bylaws, allowing corporations to seek legal fees from unsuccessful shareholder plaintiffs. In this edition of the Comparative Law Yearbook for International Business, practitioners from 10 jurisdictions examine recent developments in shareholder liability. The introductory chapter “Liability of Shareholders in Modern Company Law”, sets the stage for reports from Argentina, Belgium, Brazil, Croatia, Germany, Indonesia, Mexico, Portugal, and the United States.

Author : Dennis Campbell
Publisher : Comparative Law Yearbook
ISBN 13 : 9789041184115
Total Pages : 264 pages
Book Rating : 4.12/5 ( download)

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Download or read book Shareholder's Liability written by Dennis Campbell and published by Comparative Law Yearbook. This book was released on 2017 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shareholder liability was once discussed only in terms of liability for the debts of the corporation in which the shareholders hold interest. That is now a shifting scene, influenced in the main by the emergence of shareholder activism and derivative litigation, with its attendant increase of risk for officers and directors, and "fee shifting" provisions in corporate bylaws, allowing corporations to seek legal fees from unsuccessful shareholder plaintiffs. In this edition of the Comparative Law Yearbook for International Business, practitioners from 10 jurisdictions examine recent developments in shareholder liability. The introductory chapter "Liability of Shareholders in Modern Company Law", sets the stage for reports from Argentina, Belgium, Brazil, Croatia, Germany, Indonesia, Mexico, Portugal, and the United States.

Author : Ivan Romashchenko
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403517050
Total Pages : 286 pages
Book Rating : 4.56/5 ( download)

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Download or read book Related Party Transactions and Corporate Groups written by Ivan Romashchenko and published by Kluwer Law International B.V.. This book was released on 2020-03-06 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a market environment where economic actors conduct themselves as diligent and conscientious managers, the regulation of related party transactions (RPTs) would be largely irrelevant. Unfortunately, the corporate reality is far from an ideal world that is innocent of market abuse and corporate fraud. It remains necessary to protect minority shareholders from the wrongdoings of majority shareholders and to protect all shareholders from opportunistic managerial behaviour. This timely book – the first on the subject since implementation of the European Union’s (EU’s) revised Shareholders’ Rights Directive – provides in-depth analysis of how and to what extent RPTs are covered by existing legal requirements on capital protection and corporate group regulation, highlighting experiences and strategies adopted in Germany, Poland, and the Netherlands as examples for Eastern European countries and in particular Ukraine. Beyond his comparative analysis of the current status, the author offers recommendations for more effective handling of RPTs, investigating such aspects as the following: what constitutes a corporate group and how group issues are regulated in the various legal systems; what constitutes a conflict of interest originating in ownership and control and what types of such conflicts occur; whether RPTs within corporate groups should receive special treatment relative to transactions outside groups; combatting corporate raiding, most often carried out through illegal seizure of corporate assets; approval and disclosure requirements for RPTs; and how information about RPTs is disclosed publicly. Drawing on resources including legislation, case law, scholarship, and intensive discussions with practicing lawyers from several jurisdictions, the author underscores the imperative of establishing limitations and requirements that oblige a company’s officers, shareholders, and other potential related parties to follow certain rules whenever they wish to enter into an RPT. As a contribution to the debate about the convergence between EU corporate law and that of major eastern European states, the book has no peers. Practitioners in both East and West who advise on compliance with regulations for RPTs or represent stakeholders’ interests against abusive RPTs will ensure appropriate remedies and protection mechanisms for their clients.

Author :
Publisher :
ISBN 13 : 9789041122759
Total Pages : 445 pages
Book Rating : 4.53/5 ( download)

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Download or read book Liability for Products in a Global Economy written by and published by . This book was released on 2004 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041159401
Total Pages : 314 pages
Book Rating : 4.03/5 ( download)

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Download or read book The Comparative Law Yearbook of International Business written by and published by Kluwer Law International B.V.. This book was released on 2015-09-24 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thirty-seventh issue of the Comparative Law Yearbook of International Business examines current issues and developments under the broad headings of finance and investment, corporate law, contracts, and dispute resolution. In the finance and investment section, practitioners examine issues relating to the recapitalization of Greek systemic banks, foreign investment in Brazil's healthcare sector, and Spain's Venture Capital Act. The acquisition of companies in Peru and the "responsible corporate officer" doctrine are examined in the corporate law section. In the contracts section, lawyers discuss remedies for breach of contract in Brazil, Italian contractual aspects of cloud computing, incorporating UNIDROIT principles into international commercial contracts, and setting up distribution channels in Brazil. Four subject areas are considered under the dispute resolution heading: expert determination in merger and acquisition disputes, the enforcement of international arbitral and judicial decisions, the recognition and execution of foreign arbitral awards in Cyprus, and investor-state arbitrations.

Author : Catharine Titi
Publisher : Springer Nature
ISBN 13 : 3030589161
Total Pages : 205 pages
Book Rating : 4.65/5 ( download)

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Download or read book Public Actors in International Investment Law written by Catharine Titi and published by Springer Nature. This book was released on 2021 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.

Author : Lukas Vanhonnaeker
Publisher : Cambridge University Press
ISBN 13 : 1108801390
Total Pages : 431 pages
Book Rating : 4.93/5 ( download)

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Download or read book Shareholders' Claims for Reflective Loss in International Investment Law written by Lukas Vanhonnaeker and published by Cambridge University Press. This book was released on 2020-07-16 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, investor-state tribunals have often permitted shareholders' claims for reflective loss despite the well-established principle of no reflective loss applied consistently in domestic regimes and in other fields of international law. Investment tribunals have justified their decisions by relying on definitions of 'investment' in investment agreements that often include 'shares', while the no-reflective-loss principle is generally justified on the basis of policy considerations pertaining to the preservation of the efficiency of the adjudicatory process and to the protection of other stakeholders, such as creditors. Although these policy considerations militating for the prohibition of shareholders' claims for reflective loss also apply in investor-state arbitration, they are curable in that context and must be balanced with policy considerations specific to the field of international investment law that weigh in favor of such claims: the protection of foreign investors in order to promote trade and investment liberalization.

Author : World Bank
Publisher : World Bank Publications
ISBN 13 : 1464811474
Total Pages : 236 pages
Book Rating : 4.70/5 ( download)

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Download or read book Doing Business 2018 written by World Bank and published by World Bank Publications. This book was released on 2017-11-14 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifteen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2018 measures aspects of regulation affecting 10 areas of everyday business activity: • Starting a business • Dealing with construction permits • Getting electricity • Registering property • Getting credit • Protecting minority investors • Paying taxes • Trading across borders • Enforcing contracts • Resolving insolvency These areas are included in the distance to frontier score and ease of doing business ranking. Doing Business also measures features of labor market regulation, which is not included in these two measures. The report updates all indicators as of June 1, 2017, ranks economies on their overall “ease of doing business†?, and analyzes reforms to business regulation †“ identifying which economies are strengthening their business environment the most. Doing Business illustrates how reforms in business regulations are being used to analyze economic outcomes for domestic entrepreneurs and for the wider economy. It is a flagship product produced in partnership by the World Bank Group that garners worldwide attention on regulatory barriers to entrepreneurship. More than 137 economies have used the Doing Business indicators to shape reform agendas and monitor improvements on the ground. In addition, the Doing Business data has generated over 2,182 articles in peer-reviewed academic journals since its inception. Data Notes; Distance to Frontier and Ease of Doing Business Ranking; and Summaries of Doing Business Reforms in 2016/17 can be downloaded separately from the Doing Business website.

Author : World Bank
Publisher : World Bank Publications
ISBN 13 : 1464809844
Total Pages : 352 pages
Book Rating : 4.42/5 ( download)

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Download or read book Doing Business 2017 written by World Bank and published by World Bank Publications. This book was released on 2016-10-25 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fourteenth in a series of annual reports comparing business regulation in 190 economies, Doing Business 2017 measures aspects of regulation affecting 10 areas of everyday business activity: • Starting a business • Dealing with construction permits • Getting electricity • Registering property • Getting credit • Protecting minority investors • Paying taxes • Trading across borders • Enforcing contracts • Resolving insolvency These areas are included in the distance to frontier score and ease of doing business ranking. Doing Business also measures features of labor market regulation, which is not included in these two measures. This year’s report introduces major improvements by expanding the paying taxes indicators to cover postfiling processes—tax audits, tax refunds and tax appeals—and presents analysis of pilot data on selling to the government which measures public procurement regulations. Also for the first time this year Doing Business collects data on Somalia, bringing the total number of economies covered to 190. Using the data originally developed by Women, Business and the Law, this year for the first time Doing Business adds a gender component to three indicators—starting a business, registering property, and enforcing contracts—and finds that those economies which limit women’s access in these areas have fewer women working in the private sector both as employers and employees. The report updates all indicators as of June 1, 2016, ranks economies on their overall “ease of doing business†?, and analyzes reforms to business regulation †“ identifying which economies are strengthening their business environment the most. Doing Business illustrates how reforms in business regulations are being used to analyze economic outcomes for domestic entrepreneurs and for the wider economy. It is a flagship product produced in partnership by the World Bank Group that garners worldwide attention on regulatory barriers to entrepreneurship. More than 137 economies have used the Doing Business indicators to shape reform agendas and monitor improvements on the ground. In addition, the Doing Business data has generated over 2,182 articles in peer-reviewed academic journals since its inception.

Author : Marc Bungenberg
Publisher : Springer Nature
ISBN 13 : 3030590712
Total Pages : 449 pages
Book Rating : 4.10/5 ( download)

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Download or read book European Yearbook of International Economic Law 2020 written by Marc Bungenberg and published by Springer Nature. This book was released on 2021-11-05 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 11 of the EYIEL focuses on rights and obligations of business entities under international economic law. It deals with the responsibilities of business entities as well as their special status in various subfields of international law, including human rights, corruption, competition law, international investment law, civil liability and international security law. The contributions to this volume thus highlight the significance of international law for the regulation of business entities. In addition, EYIEL 11 addresses recent challenges, developments as well as events in European and international economic law such as the 2019 elections to the European Parliament, Brexit and the EU-Mercosur Free Trade Agreement. A series of essays reviewing new books on international trade and investment law completes the volume.