The subject of this article is the regulation of capital maintenance in the European Private Company (SPE) proposed in the European Union. The primary reference for the article is the Proposal for a Council Regulation on the Statute for a European Private Company (COM (2008) 396) and its chapter...

The European Commission launched a Green Paper on corporate governance aimed largely at listed companies in April 2011. The Green Paper recognizes that institutional investors play a dominant role in the current financial markets, but it criticizes the short-term thinking and practice among...

The purpose of this article is to analyze cross-border insolvency as an example of "transnational law", in the sense of law developed by economic and social actors and despite the existence of formal regulation. This informal law-making process is analyzed in the context of the now extinct...

Soon we can expect a new type of company: the European Private Company (Societas Privata Europaea – SPE) aimed at small and medium-sized enterprises in the EU. In this article, we analyse how creditors of future SPEs will be protected. In the first part, we identify on a general level how...

Disqualification of directors for breaches of competition law is not yet on the European agenda. The UK introduced a Competition Disqualification Order (CDO) in 2002. By way of a CDO, a director can be disqualified if his company is in breach of competition law and he is deemed to be unfit to...

This book analyses the Takeover Bid Directive in the light of EU Law, and examines the extent to which this Directive facilitates the exercise of the fundamental freedom of establishment and the free movement of capital in the internal market. Takeover bids are very important for the internal...

The disclosure regime to which corporate equity issuers listed on European regulated markets are subject under the relevant European financial regulation have similar objectives whether or not the issuer is offering securities at the time of disclosure. From this premise, this article argues...

In 1999 the European Commission launched an ambitious plan to integrate EU financial markets through law: the Financial Services Action Plan (the FSAP). The FSAP, which mainly focused on financial services, securities regulation and company law issues, was implemented in the following five years...

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...

This article reviews the use in the flotation of Standard Life plc of the prospectus passport for cross-border offers of securities within the EU that was introduced by the Prospectus Directive (2003). The Standard Life flotation was a major test for the new law on prospectuses and, overall, it...