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Crowdfunding has experienced rapid growth in some EU Member States. However, home bias by investors and regulatory … barriers prevent the crowd and the project from moving freely across borders. Crowdfunding has, for the most part, remained a … phenomenon of those larger Member States that ‘draw a crowd', with a population large enough to make a crowdfunding website an …
Persistent link: https://www.econbiz.de/10012953602
This paper analyzes recent developments with respect to institutional investors and cross-border voting. Based on a cross-country comparison of more than 20 countries we show that the recently enhanced regulation imposes an implicit duty to vote on institutional investors. This implicit duty...
Persistent link: https://www.econbiz.de/10013096630
The AIFMD provides a harmonized European framework for regulating alternative investment funds. Prior to discussing its details, this chapter introduces to the AIFMD, discussing the developments that led to its adoption (Part 1), the AIFMD's principal objectives (Part 2) and its key tools for...
Persistent link: https://www.econbiz.de/10013089416
Policymakers around the world, including in Europe, increasingly display a tendency to embed risk management into law, for example by mandating risk governance best practices or by requiring firms to have risk management functions in place. Most recently, the European Commission issued a...
Persistent link: https://www.econbiz.de/10013074010
This paper builds on the wide-ranging policy discussion on shareholder activism in Europe. It seeks to define which shareholder actions are useful in reducing managerial agency costs and which could be interpreted as frivolous or abusive. We develop a typology, comprising of a number of Abuse...
Persistent link: https://www.econbiz.de/10013152360
Abstract: The key issue concerning shareholder transparency rules, and the related rules on acting in concert (Europe), or the voting group concept (U.S.) is enforcement. Rather than thinking about appropriate enforcement measures, jurisdictions such as the UK and Switzerland decided in favor of...
Persistent link: https://www.econbiz.de/10013152361
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
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
Looking at collective investment schemes from a financial law perspective seems to stand in harsh contrast to the OECD's perspective as expressed in the materials to BEPS Item 6. While financial lawyers emphasize the use of collective investment schemes – for manifold-financial relationships...
Persistent link: https://www.econbiz.de/10012912146