The issue of whether and how to regulate short selling has been an issue that has vexed regulators for some time. While there are a number of potentially damaging consequences that are said to stem from short selling, there is also evidence that it can have beneficial effects on financial...

The purpose of this paper is to examine the difficulties that arise with intermediated shareholdings in the UK regarding the right to vote. In the UK, the registered owner of the shares (the intermediary) has all of the powers and privileges attaching to those shares as against the company that...

The growth of intermediation in the holding of securities creates challenges for jurisdictions as often the body of law dealing with transferable securities continues to operate on the basis of the direct holding paradigm, and therefore fails to take full account of the changes that...

The recent case of Smith v Henniker-Major amp; Co [2002] BCC 544 (Ch D) and [2002] 2 BCLC 655 (CA) examined the scope of the UK legislation governing the authority of the board of directors to act for the company, which implements Article 9(2) of the First European Company Law Directive. In...

The European Commission published a draft Directive in November 2016, with the aim of ensuring that all Member States have in place an effective mechanism for dealing with viable, but financially distressed, businesses. The draft Directive includes provisions designed to encourage financing for...