Company Law

Theory, Structure, and Operation

Author: Brian R. Cheffins

Publisher: Oxford University Press

ISBN: 9780198764694

Category: Science

Page: 727

View: 7930

In the US the use of economics has had a dramatic influence on the study of corporate law. This book is the first in the UK to use economics to discuss company law issues. Company Law: Theory, Structure and Operation addresses a series of important questions which have not been analysed in detail elsewhere

Company Law

Theory, Structure, and Operation

Author: Brian R. Cheffins

Publisher: Oxford University Press, USA

ISBN: 9780198259732

Category: Science

Page: 727

View: 7925

In the US the use of economics has had a dramatic influence on the study of corporate law. This book is the first in the UK to use economics to discuss company law issues. Company Law: Theory, Structure and Operation addresses a series of important questions which have not been analysed in detail elsewhere

Schemes of Arrangement

Theory, Structure and Operation

Author: Jennifer Payne

Publisher: Cambridge University Press

ISBN: 1107016401

Category: Law

Page: 457

View: 3304

This book examines schemes of arrangement, which are an invaluable tool for reorganising companies' capital.

Law and Corporate Behaviour

Integrating Theories of Regulation, Enforcement, Compliance and Ethics

Author: Christopher Hodges

Publisher: Bloomsbury Publishing

ISBN: 1782255834

Category: Law

Page: 704

View: 7738

This book examines the theories and practice of how to control corporate behaviour through legal techniques. The principal theories examined are deterrence, economic rational acting, responsive regulation, and the findings of behavioural psychology. Leading examples of the various approaches are given in order to illustrate the models: private enforcement of law through litigation in the USA, public enforcement of competition law by the European Commission, and the recent reform of policies on public enforcement of regulatory law in the United Kingdom. Noting that behavioural psychology has as yet had only limited application in legal and regulatory theory, the book then analyses various European regulatory structures where behavioural techniques can be seen or could be applied. Sectors examined include financial services, civil aviation, pharmaceuticals, and workplace health & safety. Key findings are that 'enforcement' has to focus on identifying the causes of non-compliance, so as to be able to support improved performance, rather than be based on fear motivating complete compliance. Systems in which reporting is essential for safety only function with a no-blame culture. The book concludes by proposing an holistic model for maximising compliance within large organisations, combining public regulatory and criminal controls with internal corporate systems and external influences by stakeholders, held together by a unified core of ethical principles. Hence, the book proposes a new theory of ethical regulation.

The Anatomy of Corporate Law

A Comparative and Functional Approach

Author: Reinier Kraakman,John Armour,Paul Davies,Luca Enriques,Henry Hansmann,Gerard Hertig,Klaus Hopt,Hideki Kanda,Mariana Pargendler,Wolf-Georg Ringe,Edward Rock

Publisher: Oxford University Press

ISBN: 0191059544

Category: Law

Page: 352

View: 6343

This is the long-awaited third edition of this highly regarded comparative overview of corporate law. This edition has been comprehensively revised and updated to reflect the profound changes in corporate law and governance practices that have taken place since the previous edition. These include numerous regulatory changes following the financial crisis of 2007-09 and the changing landscape of governance, especially in the US, with the ever more central role of institutional investors as (active) owners of corporations. The geographic scope of the coverage has been broadened to include an important emerging economy, Brazil. In addition, the book now incorporates analysis of the burgeoning use of corporate law to protect the interests of "external constituencies" without any contractual relationship to a company, in an attempt to tackle broader social and economic problems. The authors start from the premise that corporations (or companies) in all jurisdictions share the same key legal attributes: legal personality, limited liability, delegated management, transferable shares, and investor ownership. Businesses using the corporate form give rise to three basic types of agency problems: those between managers and shareholders as a class; controlling shareholders and minority shareholders; and shareholders as a class and other corporate constituencies, such as corporate creditors and employees. After identifying the common set of legal strategies used to address these agency problems and discussing their interaction with enforcement institutions, The Anatomy of Corporate Law illustrates how a number of core jurisdictions around the world deploy such strategies. In so doing, the book highlights the many commonalities across jurisdictions and reflects on the reasons why they may differ on specific issues. The analysis covers the basic governance structure of the corporation, including the powers of the board of directors and the shareholder meeting, both when management and when a dominant shareholder is in control. It then analyses the role of corporate law in shaping labor relationships, protection of external stakeholders, relationships with creditors, related-party transactions, fundamental corporate actions such as mergers and charter amendments, takeovers, and the regulation of capital markets. The Anatomy of Corporate Law has established itself as the leading book in the field of comparative corporate law. Across the world, students and scholars at various stages in their careers, from undergraduate law students to well-established authorities in the field, routinely consult this book as a starting point for their inquiries.

The Oxford Handbook of Corporate Law and Governance

Author: Jeffrey N. Gordon,Wolf-Georg Ringe

Publisher: Oxford University Press

ISBN: 0198743688

Category: Law

Page: 1248

View: 9490

Corporate law and governance are at the forefront of regulatory activities worldwide, and subject to increasing public attention in the wake of the global financial crisis. Comprehensively referencing the key debates, this handbook provides a much-needed framework for understanding the aims and methods of legal research in the field.

Understanding Chinese Company Law, Second Edition

Author: Minkang Gu

Publisher: Hong Kong University Press

ISBN: 9888028626

Category: Law

Page: 408

View: 9232

In China, the thirty-year economic reform reflects the process of moving from planned economy towards market economy. This could be seen From the changes in the 2005 Company Law, which recognizes the owners' property rights and gives more freedoms to them to decide various matters. In this new edition, besides offering a systemic the constitution of companies, the establishment of various companies, role and function of various parties in corporate governance, and corporate financing, Gu Minkang highlights the major changes in the 2005 Company Law, and addresses many new issues such as shareholders' derivative action, American limited liability company, and asset restructuring of listed companies. Another important feature is a comparison between the 1993 Company Law and the 2005 Company Law that will facilitate reading and understanding. This comprehensive and up-to-date presentation of Chinese company law will be of value to all who are involved in business with and in China and their legal advisors, and to students of Chinese company law.

Corporate Insolvency Law

Perspectives and Principles

Author: Vanessa Finch,David Milman

Publisher: Cambridge University Press

ISBN: 1108292925

Category: Law

Page: N.A

View: 1756

This new edition of Corporate Insolvency Law builds on the unique and influential analytical framework established in previous editions - which outlines the values to be served by insolvency law and the need for it to further corporate as well as broader social ends. Examining insolvency law in the fast-evolving commercial world, the third edition covers the host of new laws, policies and practices that have emerged in response to the fresh corporate and financial environments of the post-2008 crisis era. This third edition includes a new chapter on the growing issue of cross border insolvency and deals with a host of recent developments, notably; the consolidation of the rescue culture in the UK, the rise of the pre-packaged administration, and the substantial replacement of administrative receivership with administration. Suitable for advanced undergraduate and graduate students, professionals and academics, Corporate Insolvency Law offers an organised basis for rising to the challenges of an ever-shifting area of the law.

Economic Analysis of Law

Author: Richard A. Posner

Publisher: Wolters Kluwer Law & Business

ISBN: 1454845538

Category: Law

Page: 1056

View: 6681

Lucid, comprehensive, and definitive in its field, this text covers every aspect of economic analysis of the law. Features: Two new chapters, one on intellectual property, one on international and comparative law, both exploding fields of great importance. Earlier editions' questions have been converted to answers, making the book more accessible and informative. Revised to be clearer and less technical. More eclectic, reflecting recent criticisms of "rational choice" theory, in particular the need to supplement it with insights from psychology. Greater attention paid to judicial behavior, realistically modeled and explained in economic terms. Incorporates insights from the veritable explosion of books and articles published in the last few years on economic analysis of law.

Concentrate Questions and Answers Company Law

Law Q&a Revision and Study Guide

Author: Imogen Moore

Publisher: Oxford University Press

ISBN: 0198745222

Category:

Page: 280

View: 2531

This essential Q&A study and revision guide contains a variety of model answers and plans to give you the confidence to tackle any essay or problem question, and give you the skills you need to excel in law exams and coursework assignments.

Corporate Finance Law

Principles and Policy

Author: Louise Gullifer,Jennifer Payne

Publisher: Bloomsbury Publishing

ISBN: 1847317618

Category: Law

Page: 788

View: 1707

Corporate Finance is an area of law which is obviously of significant practical importance, but the academic analysis of this area of law has also been increasingly recognised. This book provides a discussion of the most interesting theoretical and policy issues in Corporate Finance law. This book covers both the equity and debt sides of Corporate Finance law, and seeks, where possible, to compare the two, considering the desirability of each in various circumstances and pointing to areas of convergence and overlap. The topics covered in this book include: an overview of the financing options available to companies; the relationship between debt and equity; legal capital; contractual protection for creditors; proprietary protection for creditors; single and multiple lenders; transferred debt; public offers of shares; the ongoing regulation of the capital market; the regulation of debt; takeovers; schemes of arrangement and private equity. Each chapter analyses the issues so as to enable the reader to understand the difficulties, risks and tensions inherent in this area of law, and the attempts made by the legislature and the courts, as well as the parties involved, to deal with them. This book discusses areas where the law is uncertain, including some difficult conceptual problems, and considers the present law critically, including options for possible reform. This book will be of interest to practitioners, academics and students engaged in the practice and study of corporate finance law.

The Shareholder Value Myth

How Putting Shareholders First Harms Investors, Corporations, and the Public

Author: Lynn A. Stout

Publisher: Berrett-Koehler Publishers

ISBN: 1605098167

Category: Business & Economics

Page: 120

View: 1082

Executives, investors, and the business press routinely chant the mantra that corporations are required to “maximize shareholder value.” In this pathbreaking book, renowned corporate expert Lynn Stout debunks the myth that corporate law mandates shareholder primacy. Stout shows how shareholder value thinking endangers not only investors but the rest of us as well, leading managers to focus myopically on short-term earnings; discouraging investment and innovation; harming employees, customers, and communities; and causing companies to indulge in reckless, sociopathic, and irresponsible behaviors. And she looks at new models of corporate purpose that better serve the needs of investors, corporations, and society.

The Economic Structure of Corporate Law

Author: Frank H. Easterbrook,Daniel R. Fischel

Publisher: Harvard University Press

ISBN: 9780674235397

Category: Law

Page: 370

View: 9194

This text argues that the rules and practices of corporate law mimic contractual provisions that parties involved in corporate enterprise would reach if they always bargained at zero cost and flawlessly enforced their agreements. It states that corporate l

Principles of Corporate Finance Law

Author: Eilis Ferran,Look Chan Ho

Publisher: Oxford University Press

ISBN: 0199671346

Category: Law

Page: 477

View: 975

With the additional contribution of Look Chan Ho, an expert in the field of corporate finance, this thoroughly revised and updated second edition of Ferran's 'Principles of Corporate Finance Law' explores the relationship between law and finance.

Sealy & Worthington's Text, Cases, and Materials in Company Law

Author: Deputy Director and Professor of Law Sarah Worthington

Publisher: Oxford University Press

ISBN: 0198722052

Category:

Page: 960

View: 7409

Sealy & Worthington's Text, Cases, & Materials in Company Law clearly explains the fundamental structure of company law and provides a concise exploration of each different aspect of the subject. The materials are carefully selected and well supported by commentary so that the logic of the doctrinal or legal argument is unambiguously shown. Notes and questions appear periodically throughout the text to provoke ongoing analysis and debate and enable students to test their understanding of the issues as the topics unfold. This text covers a wide range of sources and provides intelligent and thought provoking commentary in a succinct format. It will be invaluable to all those looking for expert observations and vital materials on company law.

The Oxford Handbook of Corporate Governance

Author: Mike Wright,Donald Siegel,Kevin Keasey,Igor Filatotchev

Publisher: OUP Oxford

ISBN: 0191649368

Category: Business & Economics

Page: 832

View: 7068

The behavior of managers-such as the rewards they obtain for poor performance, the role of boards of directors in monitoring managers, and the regulatory framework covering the corporate governance mechanisms that are put in place to ensure managers' accountability to shareholder and other stakeholders-has been the subject of extensive media and policy scrutiny in light of the financial crisis of the early 2000s. However, corporate governance covers a much broader set of issues, which requires detailed assessment as a central issue of concern to business and society. Critiques of traditional governance research based on agency theory have noted its "under-contextualized" nature and its inability to compare accurately and explain the diversity of corporate governance arrangements across different institutional contexts. The Oxford Handbook of Corporate Governance aims at closing these theoretical and empirical gaps. It considers corporate governance issues at multiple levels of analysis-the individual manager, firms, institutions, industries, and nations-and presents international evidence to reflect the wide variety of perspectives. In analyzing the effects of corporate governance on performance, a variety of indicators are considered, such as accounting profit, economic profit, productivity growth, market share, proxies for environmental and social performance, such as diversity and other aspects of corporate social responsibility, and of course, share price effects. In addition to providing a high level review and analysis of the existing literature, each chapter develops an agenda for further research on a specific aspect of corporate governance. This Handbook constitutes the definitive source of academic research on corporate governance, synthesizing studies from economics, strategy, international business, organizational behavior, entrepreneurship, business ethics, accounting, finance, and law.

The Handbook of the Economics of Corporate Governance

Author: Benjamin Hermalin,Michael Weisbach

Publisher: Elsevier

ISBN: 0444635408

Category: Business & Economics

Page: 760

View: 8047

The Handbook of the Economics of Corporate Governance, Volume One, covers all issues important to economists. It is organized around fundamental principles, whereas multidisciplinary books on corporate governance often concentrate on specific topics. Specific topics include Relevant Theory and Methods, Organizational Economic Models as They Pertain to Governance, Managerial Career Concerns, Assessment & Monitoring, and Signal Jamming, The Institutions and Practice of Governance, The Law and Economics of Governance, Takeovers, Buyouts, and the Market for Control, Executive Compensation, Dominant Shareholders, and more. Providing excellent overviews and summaries of extant research, this book presents advanced students in graduate programs with details and perspectives that other books overlook. Concentrates on underlying principles that change little, even as the empirical literature moves on Helps readers see corporate governance systems as interrelated or even intertwined external (country-level) and internal (firm-level) forces Reviews the methodological tools of the field (theory and empirical), the most relevant models, and the field’s substantive findings, all of which help point the way forward

Blue Ocean Strategy, Expanded Edition

How to Create Uncontested Market Space and Make the Competition Irrelevant

Author: W. Chan Kim,Renee Mauborgne

Publisher: Harvard Business Review Press

ISBN: 1625274491

Category: Business & Economics

Page: 256

View: 6134

Argues against common competitive practices while outlining recommendations based on the creation of untapped market spaces with growth potential.