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Part B. of the paper compares the basic concepts of shareholder control in Anglo-America and some states of Continental Europe. It introduces a new categorization between Implicit and Explicit Systems of Corporate Control. The first category refers to statutes that are enacted and construed with...
Persistent link: https://www.econbiz.de/10012737245
This paper in German language summarizes recent developments in the law of collective investment schemes on the European level. It is structured in three parts. The first part deals with retail investment funds. In particular, it discusses the European Commission's proposal for a reform of...
Persistent link: https://www.econbiz.de/10012722574
The paper provides an overview of the status of corporate and financial law making in Germany in 2007 and examines the driving forces behind current reforms. It also considers amendments to tax and accounting law that are related to corporate and financial law. The authors provide brief comments...
Persistent link: https://www.econbiz.de/10012730079
Notwithstanding one decade of corporate law reform during which the German legislature augmented the traditional explicit system of corporate control with market-based corporate governance devices, the German corporate governance reform law agenda is still packed. The paper provides an overview...
Persistent link: https://www.econbiz.de/10012732178
The present Anglo-American system of corporate control is said to be a random result of market forces, the strong influence of which resulted from a weak state, and undefined principles in the state's economic policy until the 1930s. In contrast, in Continental Europe, strong states with a...
Persistent link: https://www.econbiz.de/10012705855
Member States are required to adopt the European Directive on the Exercise of Certain Rights of Shareholders in Listed Companies until [December 31st, 2009]. Based on a comparative analysis of the existing rules on the Internet-based exercise of shareholder rights within the European Community...
Persistent link: https://www.econbiz.de/10012709405
This paper focuses on the low cross-border turnout of shareholders at shareholder meetings of European issuers. It presents the data that is yet available on cross-border voting and examines the reasons behind the low cross-border turnout, in relative terms. Opposing the traditional view among...
Persistent link: https://www.econbiz.de/10012766477
Income trust units are some of the highest selling products in the Canadian securities industry, but they have been less successful beyond Canadian borders. The author discusses the remarkable profitability and proliferation of income trusts in Canada, but maintains that arguments in favour of...
Persistent link: https://www.econbiz.de/10012783807
This paper analyses the law on shareholders' interaction in the period preceding the shareholder meeting. It asserts three contentions: First, it argues that the legal regimes in France and Germany provide for rights that facilitate shareholder monitoring without replacing the management, while...
Persistent link: https://www.econbiz.de/10012773223
This paper analyses the law on shareholders' interaction in the period preceding the shareholder meeting. It asserts three contentions: First, it argues that the legal regimes in France and Germany provide for rights that facilitate shareholder monitoring without replacing the management, while...
Persistent link: https://www.econbiz.de/10012732195