Perspectives in Company Law and Financial Regulation: Essays in Honour of Eddy Wymeersch

ISBN-13: 9780521515702 / Angielski / Twarda / 2009 / 625 str.

Tison, Michel

Opis

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.

Spis treści

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.