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This paper critically reviews the EU Commission's proposals for a reform of the European Insolvency Regulation (EIR …). The focus of the paper is on the Regulation's use as a tool for business restructuring in Europe. The paper argues that … businesses is not an end in itself. Further, the Commission is too cautious regarding the harmonisation of substantive insolvency …
Persistent link: https://www.econbiz.de/10013085507
of personal bankruptcy law. Whilst there is an intuitive link between the two, relatively little attention has been paid … to the question empirically, particularly in the international context. We investigate the link between bankruptcy and … indices reflecting how `forgiving' personal bankruptcy laws are, reflecting the time to discharge. These measures vary over …
Persistent link: https://www.econbiz.de/10014063578
The developments of company law in countries belonging to five legal families illustrate the principle-agent conflicts that company law faces and the range of solutions it offers to cope with them. Comparative company law is about learning from each other's experience in a competitive way, and...
Persistent link: https://www.econbiz.de/10014051388
European Company Law has been experiencing rapid development in recent years. In 2003 the European Commission published a first action plan on the further integration of company law in Europe: Modernising Company Law and Enhancing Corporate Governance in the European Union - A Plan to Move...
Persistent link: https://www.econbiz.de/10014052121
Corporate governance codes and corporate law contain provisions of internal control and risk management. First, this paper analyses the state of the art of these provisions in five Western European countries. The regulatory framework stretches from a Frühwarnsystem in Germany over the internal...
Persistent link: https://www.econbiz.de/10014194302
The proposals to limit auditor liability, principally aimed at protecting the Big-4 from the risk of a catastrophic exposure to damages, are grounded on the assumption that auditors are generally over-deterred. The 2008 EC Commission Recommendation on auditor liability relies heavily on this...
Persistent link: https://www.econbiz.de/10014195717
The paper describes the European Model Company Law Project. Last year, a commission was formed on the initiative of the authors with the goal of drafting a European Model Company Law Act (EMCLA). This project aims neither to force a mandatory harmonization of national company law nor to create a...
Persistent link: https://www.econbiz.de/10014219140
This Chapter in a comparative book on private limited liability companies starts with an illustration of the former success of the Dutch limited liability company (BV). Next it addresses the competitive European legal environment within which the Dutch BV has to operate. The study shows how the...
Persistent link: https://www.econbiz.de/10013007501
The dialogue of the board and its chairman with investors is an established practice in many countries, such as the United Kingdom, the USA, the Netherlands, Belgium, France and recently also Germany. In the UK this dialogue covers the whole range of relevant board topics, certainly including...
Persistent link: https://www.econbiz.de/10012948545
In this paper, I try to assess the likely impact of the Single Supervisory Mechanism (SSM) on Eurozone banking markets. I start by analysing the predictions made by economists and policy makers with regard to the deeper integration of financial markets which may derive from the Banking Union. I...
Persistent link: https://www.econbiz.de/10013023046