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The Shareholders’ Fiduciary Duty in German Company Law
Cahn, Andreas - 2018
The fiduciary duty of members of a business association has its origins in partnership law. The unlimited liability to … not abused.Shareholders are not liable for debts of the company. The risk of unlimited liability underlying the fiduciary …-exclusive explanations are submitted in support of a shareholders' fiduciary duty. The first explanation rests on the characterization of …
Persistent link: https://www.econbiz.de/10012927096
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The Private International Law of Companies in Germany
Gerner-Beuerle, Carsten - 2019
This paper discusses the German conflict of law rules as they apply to companies (ie, the private international law of companies in Germany). Amongst others, it addresses the connecting factor, the scope of the lex societatis, outreach statutes and the possibility of reincorporations in German...
Persistent link: https://www.econbiz.de/10012890275
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'Never Again'? German Chemical Corporation Complicity in the Kurdish Genocide
Kelly, Michael J. - 2014
German chemical corporations were complicit in the gassing of Allied troops in World War I and concentration camp prisoners in World War II. The shock of the Holocaust resulted in adoption of the Genocide Convention and the determination to never let this happen again. Genocide, of course, has...
Persistent link: https://www.econbiz.de/10013057619
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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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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 (Societas Europaea - Se) Caught in between Cross-Border Mobility and Lock-In Effect - an Empirical Analysis on the Influence of Exit Taxation Upon Cross-Border...
Schmidtmann, Dirk - 2023
Ever since the European Company (Societas Europaea - SE) was introduced in 2004 to complete the single European market and to facilitate freedom of establishment of companies, the number of established SEs has increased substantially. The SE Statute provides for cross-border mobility enabling...
Persistent link: https://www.econbiz.de/10014263364
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Corporate groups : a German's European perspective
Tröger, Tobias - 2014
This paper contrasts the recent European initiatives on regulating corporate groups with alternative approaches to the phenomenon. In doing so it pays particular regard to the German codified law on corporate groups as the polar opposite to the piecemeal approach favored by E.U. legislation. It...
Persistent link: https://www.econbiz.de/10010406185
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Aufnahme eines persönlich haftenden Gesellschafters bei einer GmbH & Co. KG zur Vermeidung der Offenlegung des Jahresabschlusses nach HGB
Kaya, Devrimi - 2010
; Offenlegungsstrategien ; GmbH & Co. KG ; Vollhafterlösung ; Gesellschaftsrecht ; EHUG; disclosure strategies ; limited partnership with a …
Persistent link: https://www.econbiz.de/10003948503