Large companies are increasingly on trial. Over the last decade, many of the world's biggest firms have been embroiled in legal disputes over corruption charges, financial fraud, environmental damage, taxation issues or sanction violations, ending in convictions or settlements of record-breaking...

In an attempt to match US bankruptcy law, many European countries have reformed their insolvency laws towards a regime that fosters corporate restructuring. This paper evaluates the implications of these reforms. Based on a staggered difference-in-differences analysis around eight insolvency...

In this paper we provide a simple and general framework that explains the nature of groups, their corporate governance problems and their ownership structures as the result of the double nature of the controlling shareholder in the group as both shareholder and stakeholder of the subsidiary. We...

India has been set on a pedestal as a lucrative destination for foreign investment in the recent past. Its large labour force, powerful wealth, and untapped resources are fueling the Indian economy. Ever since India opened its doors to the global market, many foreign-based firms have been...

This chapter examines how screening of foreign direct investments could take place through European company law. It scrutinizes the contribution of both CJEU’s case law and harmonization of European company law to an effective screening of foreign direct investments. On the basis of this...

Many companies have recently been following the so-called corporate purpose concept that is recommended by leading management scholars. To this end, they identify a raison d'être for their enterprise that goes beyond mere profit making and they anchor it in the entire value chain. This paper...

This is Unit 1 from Entrepreneurship Law: Company Creation, an open-source textbook authored by Samantha Prince. Unit 1 covers the following topics:• The Importance of Blogging• Writing to your audience• Choosing a topic• Planning out your Blog Post

This article explores the European Parliament’s July 2018 non-legislative resolution proposing to the European Commission a directive for facilitating social enterprise companies’ cross-border activities. The proposal is first situated within the context of the social economy and how the...

When a company’s business is not limited to satisfying only the local needs in the Member State, it is necessary to create a statute which is able to plan and carry out the reorganization of its business on a larger level. The completion and the improvement of the internal market throughout...

Over the past fifty years, the corporate waqf has emerged in Turkey, Pakistan, India, Bangladesh, and Malaysia. Corporate waqf hybridizes the Islamic trust (the waqf) and the modern Western corporation to create a charitable endowment whose asset base consists of shares in a company. The...

For about a hundred years, Delaware has been the leading jurisdiction for corporate law in the United States. The state, which deliberately embarked on a mission to build a haven for corporate charters in the early twentieth century, now supplies corporate law to over two thirds of Fortune 500...

For more than three decades there has been a growing interest, and concern, in the role that psychopathy plays in corporate affairs. The literature in this field is essentially interdisciplinary, drawing heavily on advances in neuroscience, behavioural and organisational psychology and...

Corporate law increasingly paid attention to the disclosure and publication of information on the governance and ownership of joint-stock corporations. This paper on the one hand gives an overview of mandatory disclosure and publication requirements for joint-stock companies in the corporate...

The role of government in Mergers and Acquisitions (M&A) and governance with respect to the same need to be re-defined as M&A gains cutting edge phenomena. The paper intends to review, summarize and discuss various institutional laws regarding mergers and acquisitions (M&A) in India and thereby...

The article focuses on corporate social bonds, which are commonly defined as debt securities where proceeds are used to finance projects or ventures at favourable conditions, in order to achieve positive social outcomes or to address specific social issues.Social bonds belong to the family of...

"This book explores how the EU free movement of capital provisions can be interpreted in order to allow certain forms of State participation in the market for the purposes of protecting public interest objectives in the context of privatisations and golden shares"--

This paper offers a preliminary roadmap for interrogating the Legal Origins school. Before focusing on Legal Origins, however, Part II will address a basic issue facing development efforts: the contractual and ideological restriction of policy choices available for the development of economic...

Foundational to the American Dream is the ability to easily and rapidly start a new business. Over the past quarter century, the introduction of the limited liability company (LLC) dramatically shifted and complicated the choice-of-legal-status calculus for entrepreneurs, and in its wake a...

Using corporate social responsibility (CSR) scores, we examine the effect of unionization on non-shareholding stakeholders and the value of CSR for unionized firms. We show that unionization leads to lower CSR. The negative relation between unionization and CSR is stronger for financially...

This chapter sketches the history of EU Company Law, from its beginnings in the 1960s until today. Throughout all periods, EU company law harmonization was largely a top-down, technocratic project that was considered imperative to realize the common market. In other words, it was promoted mainly...

In the U.S., the costs of unionized labor are higher in states without right-to-work (RTW) laws. I show that unionized firms located in these states invest less. These firms have about four percentage points lower capital expenditures (normalized by net property, plant, and equipment) than other...

All jurisdictions supply corporations with legal tools to prevent or punish asset diversion by those, whether managers or dominant shareholders, who are in control. As previous research has shown, these rules, doctrines and remedies are far from uniform across jurisdictions, possibly leading to...

Empirical studies carried out at the European Union level show that banks and institutional investors (mainly pension funds and insurers) increasingly make their investment decisions taking into account the positive social and environmental impact of the organisations, businesses, and projects...

The emergence of international corporate personhood -- The international corporate person in international law : judge-made law -- The international corporate person in international law : texts and practices -- Theorizing international corporate personhood -- Political bodies and the bodyless...

The majority of listed companies are part of a group linked through ownership and/or other mechanisms to exercise control. The popularity of group structures is based on a number of economic and legal advantages, including facilitating the supply of goods and services, economies of scale,...

Introduction -- Chapter 1: What Is the “Right to Own Things”: Intellectual Property Law -- Chapter 2: What Are Appropriate Rules for Adjusting Interests in a Company: Corporate Law -- Chapter 3: What Are the Rules for Fair Competition: Antitrust Law -- Chapter 4: What Are the Desirable Rules...

Introduction -- Chapter 1 The Stewardship Code 2010 as a Response to the Financial Crisis -- Chapter 2 A Decade of Development -- Chapter 3 The Stewardship Code 2020 -- Chapter 4 The Future of Stewardship Regulation -- Conclusion.

This book provides a critical assessment of the development of the Stewardship Code 2020, which sets out principles regarding the role of institutional investors in corporate governance. It discusses how the regulatory framework for stewardship evolved before and after the financial crisis, and...

This book is the first attempt to establish a collaborative and interdisciplinary field of economics and legal studies. It is designed to help readers – advanced undergraduate and graduate students, but also fellow scholars who are interested in interdisciplinarity - to think through the dual...

Dieses Buch enthält die Grundlagen der ökonomischen Analyse des Rechts und ihrer Anwendung auf das deutsche Zivilrecht. Es ist eine umfassende Darstellung dieser Forschungsrichtung, in der die Normen und Regelungsprobleme mit den Mitteln der ökonomischen Theorie analysiert und bewertet...

Colonial Adventures: Commercial Law and Practice in the Making' addresses the question how and to what extend the development of commercial law and practice, from Ancient Greece to the colonial empires of the nineteenth and twentieth centuries, were indebted to colonial expansion and maritime...