The worldwide integration of capital markets makes progress and has led both issuers and investors to being active on various markets on both sides of the Atlantic. In times of financial crises, this brings one question into the centre of attention which had not been discussed exhaustively...

This paper investigates the effect of the rules contained in the Takeover Bids Directive on the supervisory practice of the Austrian Takeover Commission as part of the European takeover authorities' network. The Takeover Bids Directive created a system of cooperation of national takeover...

A significant debate rages within the EU about whether to give firms the choice to opt in or out of corporate law provisions. Both sides agree that more flexibility and adaptability of legal rules to business needs is crucial. Nevertheless, and not surprisingly, many still view EU mandatory...

Long-established major U.S. corporations such as McDonalds, Walmart, and Proctor and Gamble continue to derive a majority of revenues from foreign operations. In addition, a number of relatively new U.S. technology companies such as: Airbnb (2008); Facebook (2004); Snap (2011); Twitter (2006);...

The Caribbean Community Council for Finance and Planning (COFAP) at its Twelfth meeting held in March 2008, decided that a major element of the integration programme for capital markets should be the formulation of a uniform securities law for adoption by Member States. At the meeting of COFAP,...

This chapter considers select provisions of the current draft of the UNCITRAL Model Law for Secured Transactions from the perspective of Islamic Shariʿah. The current draft of the Model Law focuses on systems that do not apply the Shariʿah. This chapter was prepared as an element of the...

Increased international commerce between the United States and faster growing economies such as The People’s Republic of China (PRC), as well as third world economies rich in natural resources but poor in infrastructure like Nigeria, have created the potential for significant exposure to...

The financial crisis has brought about a revival of state protectionism across the globe. Most Western leaders have made a virtue of big government and state intervention; bail-outs and Sovereign Wealth Funds have been among the first responses to the economic contraction. Company law rules are...

This paper analyzes the ECJ's approach towards abusive behavior in company law and assesses the impact that the leading cases since 1999 have had both on business behavior in the EU and on the national law-makers who have responded to the opening of the markets. It is shown that the Court has...

This paper discusses new data on regulatory competition in European company law and the impact of national law reforms, using the example of English company law forms being used by German start-ups. Since 1999, entrepreneurs in the EU have been allowed to select foreign legal forms to govern...