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The Importance of European Company Law for Intra-EU Investments After Achmea
Papadopoulos, Thomas - 2019
This article discusses the importance of European company law for intra-EU investments after the recent decision of the CJEU in Achmea. In Achmea, the CJEU examined bilateral investment treaties (BITs) concluded between EU Member States in the light of EU law. More specifically, the CJEU...
Persistent link: https://www.econbiz.de/10012893524
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Cross-Border Fraud and Cross-Border Insolvency : Proving COMI and Seeking Recognition under the UK Model Law
Ho, Look Chan - 2009
In explaining the concept of centre of main interests (COMI) within the UK Cross-Border Insolvency Regulations 2006 (CBIR), the Englush court in Re Stanford International Bank over-emphasised third-party ascertainability due to an apparent lack of appreciation of the different functions...
Persistent link: https://www.econbiz.de/10013155207
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U.S. Franchise Regulation as a Paradigm for the European Union
Emerson, Robert W.; Meiselles, Michala - 2021
The protection afforded to franchisees differs widely across the world. Nations with economically strong franchise sectors typically regulate the contract’s bargaining phase and post-formation. Responding to the European Parliament’s call for a review of regulations governing Europe’s...
Persistent link: https://www.econbiz.de/10013214733
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A Short Comparative Study of Corporate Governance in European National Legal Systems
Dumitru, Ovidiu Ioan - 2020
Corporate Governance has developed immensely in the last decades mainly due to the negative effects on shareholders's of management decisions leading to a continuous conflict to be solved by the policymakers and academics. After the publication of the Cadbury Report, we noticed an increase...
Persistent link: https://www.econbiz.de/10012825787
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The Different Legal Concepts of ‘Seat’ and ‘Registered Office’ in Cyprus Company Law
Papadopoulos, Thomas - 2023
This article analyzes the different legal concepts of “seat” and “registered office” in Cyprus company law. The distinction between the concepts of “seat” and “registered office” in Cyprus company law is very important for the definition of corporate investor in respect of the...
Persistent link: https://www.econbiz.de/10014359822
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Cross-Border Tender Offer, Exchange Offer and Business Combinations : A Comparison between U.S. Takeover Law, the New German Takeover Code and the 13th European Directive
Strehl, Björn - 2013
This article deals with the latest developments in the regulation of cross-border tender offers in the U.S., in Germany, and in the European Union. In the U.S. the SEC issued a new release concerning Cross-Border Tender and Exchange Offers, Business Combinations and Rights Offerings. The new...
Persistent link: https://www.econbiz.de/10014151065
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The European Company, Perspectives after Brexit
Dumitru, Ovidiu Ioan - 2018
The history of the companies has proven to all of us that this area may have a dynamic similar to the most energetic ones in life. The human societies have changed and developed and together with them the companies were forced to adapt themselves in order to exist and to function over the times....
Persistent link: https://www.econbiz.de/10014117314
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The Personal Law of Companies and the Freedom of Establishment Under EU Law. The Enthronement of the Country-of-Origin Principle and the Establishment of an Unregulated Right of Cr...
Nagy, Csongor István - 2014
This paper presents, from a critical perspective, the development of the CJEU's case-law on the collision between the personal law of companies and the freedom of establishment with special emphasis on the CJEU's recent judgment in VALE.It is argued that this ruling treats the incorporation...
Persistent link: https://www.econbiz.de/10013054539
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Corporate Opportunities in the US and in the UK : How Differences in Enforcement Explain Differences in Substantive Fiduciary Duties
Gelter, Martin - 2020
Fiduciary duties are often today held out as typical instruments of shareholder protection in the common law of both … law conducive to good capital market development. However, fiduciary duties in these two jurisdictions often operate in … only in the US fiduciary duties are typically enforced by the courts, whereas in the UK, corporate law enforcement is …
Persistent link: https://www.econbiz.de/10012854910