Carsten Gerner-Beuerle – författare

Comparative Company Law provides a systematic and coherent exposition of company law across jurisdictions, augmented by extracts taken from key judgments, legislation, and scholarly works. It provides an overview of the legal framework of company law in the US, the UK, Germany, and France, as well as the legislative measures adopted by the EU and the relevant case law of the Court of Justice.The comparative analysis of legal frameworks is firmly grounded in legal history and legal and economic theory and bolstered by numerous extracts (including extracts in translation) that offer the reader an invaluable insight into how the law operates in context. The book is an essential guide to how company law cuts across borders, and how different jurisdictions shape the corporate lifespan from its formation by way of incorporation to its demise (corporate insolvency) and eventualdissolution. In addition, it offers an introduction to the nature of the corporation, the framework of EU company law, incorporation and corporate representation, agency problems in the firm, rights of stakeholders and shareholders, neutrality and defensive measures in corporate control transactions, legalcapital, piercing the corporate veil, and corporate insolvency and restructuring law.

Comparative Company Law provides a systematic and coherent exposition of company law across jurisdictions, augmented by extracts taken from key judgments, legislation, and scholarly works. It provides an overview of the legal framework of company law in the US, the UK, Germany, and France, as well as the legislative measures adopted by the EU and the relevant case law of the Court of Justice.The comparative analysis of legal frameworks is firmly grounded in legal history and legal and economic theory and bolstered by numerous extracts (including extracts in translation) that offer the reader an invaluable insight into how the law operates in context. The book is an essential guide to how company law cuts across borders, and how different jurisdictions shape the corporate lifespan from its formation by way of incorporation to its demise (corporate insolvency) and eventualdissolution. In addition, it offers an introduction to the nature of the corporation, the framework of EU company law, incorporation and corporate representation, agency problems in the firm, rights of stakeholders and shareholders, neutrality and defensive measures in corporate control transactions, legalcapital, piercing the corporate veil, and corporate insolvency and restructuring law.

Comparative Company Law provides a systematic and coherent exposition of company law across jurisdictions, augmented by extracts from key judgments and legislation. It gives an overview of the legal framework of company law in the US, the UK, Germany, and France, as well as the legislative measures adopted by the EU and the relevant case law of the European Court of Justice.The comparative analysis of legal frameworks is firmly grounded in legal history and legal and economic theory and bolstered by numerous extracts (including extracts in translation) that offer the reader an invaluable insight into how the law operates in context. The book is an essential guide to how company law cuts across borders, and how different jurisdictions shape the corporate lifespan from its formation by way of incorporation to its demise (corporate insolvency) and eventual dissolution. In addition, it offers an introduction to the nature of the corporation, the framework of EU company law, incorporation and corporate representation, agency problems in the firm, rights of stakeholders and shareholders, directors' duties, minority protection in corporate control transactions, legal capital, piercing the corporate veil, and corporate insolvency and restructuring law.

Comparative Company Law provides a systematic and coherent exposition of company law across jurisdictions, augmented by extracts taken from key judgments, legislation, and scholarly works. It provides an overview of the legal framework of company law in the US, the UK, Germany, and France, as well as the legislative measures adopted by the EU and the relevant case law of the Court of Justice. The comparative analysis of legal frameworks is firmly grounded in legal history and legal and economic theory and bolstered by numerous extracts (including extracts in translation) that offer the reader an invaluable insight into how the law operates in context. The book is an essential guide to how company law cuts across borders, and how different jurisdictions shape the corporate lifespan from its formation by way of incorporation to its demise (corporate insolvency) and eventual dissolution. In addition, it offers an introduction to the nature of the corporation, the framework of EU company law, incorporation and corporate representation, agency problems in the firm, rights of stakeholders and shareholders, neutrality and defensive measures in corporate control transactions, legal capital, piercing the corporate veil, and corporate insolvency and restructuring law.

Can firms freely choose their place for corporation and thus the applicable law? And is it possible that a firm can subsequently reincorporate in another country, with the effect of a change of the law applicable to this country?In the European Union, the answer to these questions has to consider the impact of the freedom of establishment and the corresponding case law of the Court of Justice. Beyond some general principles, there is, however, considerable diversity between the laws of Member States. Thus, this book aims to provide an up-to-date analysis of this important area of law for all Member States. It is based on a comprehensive study, produced for the European Commission, on the private international law of companies in the European Union.

[Writings pertaining to European and international private, banking and commercial law]Europeanization and internationalization challenge the realm of jurisprudence to an extraordinary degree. The division in special fields and the relationship with other social sciences necessitate critical reevaluation in view of many interactions. Cross-references between commercial law regulation and private, autonomous arrangement distinctly show this development. Jurisprudence emerging beyond Germany has to deal with such challenges. The law of financial services serves as an example of the cross-section material from private law and (public) commercial law. This takes into account the series at hand in terms of content and method. In addition to banking, capital market and financial law as the main emphasis, corporate law, competition & cartel law, intangible property rights, insolvency law and also labor law show similar overlaps. The intensive internationally-oriented treatment of the overlaps of classical private law - in particular contractual law - and commercial law promise a bountiful yield, especially on the European level under the summarizing aspect of corporate law.

The outstanding monography also finds its place in the series, as well as the conference volume, works in German and also occasional works in English. There are economically-aligned works in addition to juridical works constituting the main emphasis. Works pertaining to Europeanization and internationalization are compiled in the series, which convey commercial law and commercially-conceived private law in an outstanding manner.

 

This report analyzes four core areas of corporate governance in South Asia in light of global trends and best practices. It assesses the necessary regulatory preconditions for strong financial and economic development.The four core areas analyzed are (i) corporate governance legal frameworks, (ii) board structure and board diversity, (iii) corporate governance of state-owned enterprises, and (iv) anti-money laundering and compliance. The findings are relevant for developing countries around the world, as corporate governance impacts evolving challenges such as the coronavirus disease pandemic, climate change, and sustainable global trade.

This publication looks at several corporate governance issues, and provides an analysis of four core areas of corporate governance in South Asia in light of global trends and best practices. These include: i) corporate governance legal frameworks; ii) board structure and board diversity; iii) corporate governance of state-owned enterprises; and iv) anti-money laundering and compliance. The publication assesses the necessary regulatory preconditions for strong financial and economic development, and identifies areas for regulatory action. The findings are relevant for many developing countries around the world, as corporate governance will impact evolving challenges such as the COVID-19 pandemic, climate change, and sustainable global trade.

Using ADB COVID-19 Policy Database, this report provides information of the amounts announced by all members of the Asian Development Bank during 2020 to combat the effects of the coronavirus disease (COVID-19). It also analyzes the specific measures taken, classified into liquidity support, credit creation, long-term lending, equity support, and health and income support. The analysis focuses on the financial statement effects of a given measure, in particular: (i) who, if anyone, bears the financial burden of the measure and in what form?; and (ii) does the measure create more debt or more income (e.g., net worth or equity, other things being equal) for the recipients?

International investment agreements (IIAs) are important in attracting foreign direct investment, and they are becoming more numerous, varied, and complex. To help policymakers, businesses, and researchers compare and analyze agreements and their implications, the Asian Development Bank (ADB) has created an online database of concluded IIAs involving the Asia and Pacific region. The ADB IIA Tool Kit codifies 15 key investment provisions and includes bilateral investment treaties and investment chapters of free trade agreements. This publication introduces the tool kit and provides a comprehensive analysis of investment treaties and arbitration design.