This chapter contrasts the ‘contractual' and the ‘corporate' models of takeover or tender offer regulation. Under the former, the aim of the regulation is to preserve the takeover transaction as a straightforward contract between acquirer and target shareholders. Under the latter, whilst...

In this article, I develop the concept of "ownership piercing." I use the expression to suggest that courts engage in a process of evaluative reasoning to clarify who owns property rights and controls the limited liability company. I show under what circumstances courts should pierce ownership....

Pragmatic and effective research on corporate governance often turns critically on appreciating the legal institutions surrounding corporate entities—yet such nuances are often unfamiliar or poorly specified to economists and other social scientists without legal training. This chapter...

Crowdfunding, a new Internet-based securities market, was recently authorized by federal and state law in order to create a vibrant, diverse, and inclusive system of entrepreneurial finance. But will people really send their money to strangers on the Internet in exchange for unregistered...

The fine balance between prevention of minority shareholder rights and the independent will of the majority shareholders to run the company they majorly hold is largely dependent on the securities enforcement agencies of the country. In India, The SEBI has engaged in minority protections at the...

From public lands to beaches and to data, our society is rich with resources purposefully kept in the public domain. Common resources provide profound economic, social, and democratic value to individuals, communities, and society as a whole. These, however, depend on the public’s ability to...

This study investigates how controlling shareholders fraudulently extracted firm value via cash tunnelling from Chinese companies from 1998 to 2011. The evidence suggests that expropriating owners choose a balance sheet account that is not directly related to the firm's operating business in...

This paper analyses the German corporate law reform's effect on the publicly listed companies' ownership and performance. First, theoretically plausible implications of the most important laws that were issued 1990-2009 are provided, then an empirical analysis using 1997-2008 panel data...

During the economic crisis period the state influence in the sphere of entrepreneurial activity considerably increased. More often the opinion is voiced that the nationalization is necessary not just for some key enterprises, but for the whole industries. Another question is government as...