Showing 1 - 10 of 2,684
Persistent link: https://www.econbiz.de/10013134048
Persistent link: https://www.econbiz.de/10011722996
Directors owe fiduciary duties of care and loyalty to their corporations, and by extension to their shareholders. When … a corporation approaches or enters insolvency, however, courts have recently found that the fiduciary duty calculus may … several countries have extended fiduciary duty protection to creditors on equitable grounds. This trend has led to a state of …
Persistent link: https://www.econbiz.de/10012959866
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
Small jurisdictions have become significant players in cross-border corporate and financial services. Their nature, legal status, and market roles, however, remain under-theorized. Lacking a sufficiently nuanced framework to describe their functions in cross-border finance - and the peculiar...
Persistent link: https://www.econbiz.de/10013007073
The International Organization of Securities Commissions (‘IOSCO') was founded in 1983 and comprises the majority of the national competent authorities on securities regulation around the globe. It operates as a global standard setter for the securities sector. IOSCO develops, implements, and...
Persistent link: https://www.econbiz.de/10013018357
“Extreme” weather has become the new normal. What were previously considered to be inexplicable and unpredictable “acts of God” can no longer reasonably be said to be so. They are acts of man. The established doctrine of contractual impracticability rests on the notion that a party may...
Persistent link: https://www.econbiz.de/10012983504
The rapid growth of international economic activity in the recent decades has brought forth a unique and formidable policy challenge. The challenge consists of reconciling two goals which sometimes compete directly with one another: creating a regime that allows economic interaction between...
Persistent link: https://www.econbiz.de/10014057179
Persistent link: https://www.econbiz.de/10013115946
these reforms is through state law fiduciary duties. My article demonstrates how state courts have started to enforce the … governance mandates under the reforms through fiduciary duties. Specifically, in my article I examine the watershed Disney case … shareholder expectations in fiduciary duty law, thereby making directors more responsive to the shareholders who elected them …
Persistent link: https://www.econbiz.de/10013159190