Diese Arbeit behandelt die Auswirkungen der Schuldrechtsreform auf die Mangelgewahrleistung beim Unternehmenskauf. Unter der vor dem 31.12.2001 geltenden Rechtslage standen den Parteien eines Unternehmenskaufvertrags keine adaquaten gesetzlichen Regelungen zur Verfugung. Daher vereinbarten die Parteien vertragsautonome Haftungssysteme, die das BGB-Kaufrecht weitgehend verdrangten. Der Autor analysiert die seit dem 01.01.2002 geltenden kaufrechtlichen Vorschriften und pladiert fur eine Neubestimmung bei der umstrittenen Frage der Mangelgewahrleistung beim Unternehmenskauf. Auf dieser Grundlage wird herausgearbeitet, inwieweit die neue Rechtslage den Bedurfnissen der Parteien eines Unternehmenskaufes nun besser gerecht wird und ob der Gesetzgeber mit der umfassenden Neuregelung des Schuldrechts dem Unternehmenskauf den Weg zuruck in das BGB geebnet hat. Ein besonderer Schwerpunkt wird auf die Folgen fehlerhafter Jahresabschlussangaben gelegt.

The financial crisis both in the US and UK led to concerns that individual accountability of senior managers in the banking sector had to be strengthened and risk and reward aligned more closely. Sweeping amendments were made to legislation, with new regimes introduced to improve accountability and greater powers bestowed upon regulators. The landscape has changed significantly with onerous rules faced by employers from recruitment to departure and beyond. Eversheds Sutherland: The Employment Practitioner's Guide to Financial Institutions: Key Aspects of the Regulatory Framework (originally titled: The Employment Practitioner's Guide to Financial Institutions: The Senior Managers and Certification Regime and Accountability) covers the full roll-out of the Senior Managers and Certification Regime to all financial services firms in 2018. The complexity of the rules and the difficulty for practitioners in finding resources to help them understand the new regime has led to much confusion and uncertainty. This book provides an invaluable guide to the new regime with practical analysis of the issues raised and how the changes should be implemented.

The most practical, authoritative guide to Federal Government auditing

Now in its second edition, "Wiley Federal Government Auditing" is authored by four CPAs who are partners at Kearney & Company, a CPA firm that specializes in providing auditing, accounting, and information technology services to the Federal Government. This single-source reference provides you with up-to-date information on applicable laws, regulations, and audit standards.

Created for both professionals and others performing Federal Government audits, this guide condenses the abundant, complex criteria for Federal Government auditing into concise, accessible topics you'll refer to frequently and presents: An easy-to-navigate format that allows you to find needed information quicklyDetailed guidance on what, why, how, and by whom Federal audits should be madeDiscussion on internal control over Federal financial reportingRecent developments in auditing standardsFederal financial statements, budgeting, accounting, and moreCoverage of the scope and work required in an audit of Federal departments and agenciesExamples of Federal auditsSeparate chapters devoted to auditing and evaluating Federal IT systems; performance audits; procurement and contract audits; and grant audits

Written in a non-technical style and complete with helpful exhibits, this guide is a "go-to" reference for government auditors, Inspectors General, public accountants, military comptrollers, legislators, state and local government auditors, budget offices, financial managers, and financial analysts. The content also applies to contractors and grantees, universities, and other nonprofits and organizations that have repeated financial dealings with the Federal Government.

Experts from economics, finance, law, policy, and banking discuss the design and implementation of a future capital market union in Europe. The plan for further development of Europe's economic and monetary union foresees the creation of a capital market union (CMU)-a single market for capital in the entire Eurozone. The need for citizens and firms of all European countries to have access to funding, together with the pressure to improve the efficiency and risk-sharing opportunities of the financial system in general, put the CMU among the top priorities on the Eurozone's agenda. In this volume, leading academics in economics, finance, and law, along with policy makers and practitioners, discuss the design and implementation of a future CMU. Contributors describe the key design challenges of the CMU; specific opportunities and obstacles for reaching the CMU's goals of increasing the economic well-being of households and the profitability and viability of firms; the role that markets-from the latest fintech developments to traditional equity markets-can play in the future success of CMU; and the institutional framework needed for CMU in the aftermath of the global recession. Contributors Sumit Agarwal, Franklin Allen, Valentina Allotti, Gene Amromin, John Armour, Geert Bekaert, Itzhak Ben-David, Marcello Bianchi, Lorenzo Bini-Smaghi, Claudio Borio, Franziska Bremus, Marina Brogi, Claudia M. Buch, Giacomo Calzolari, Souphala Chomsisengphet, Luca Enriques, Douglas D. Evanoff, Ester Faia, Eilis Ferran, Jeffrey N. Gordon, Michael Haliassos, Campbell R. Harvey, Kathryn Judge, Suzanne Kalss, Valentina Lagasio, Katya Langenbucher, Christian T. Lundblad, Massimo Marchesi, Alexander Michaelides, Stefano Micossi, Emanuel Moench, Mario Nava, Giorgio Barba Navaretti, Giovanna Nicodano, Gianmarco Ottaviano, Marco Pagano, Monica Paiella, Lubos Pastor, Alain Pietrancosta, Richard Portes, Alberto Franco Pozzolo, Stephan Siegel, Wolfe-Georg Ringe, Diego Valiante

The Netherlands is one of a handful of countries in which bank enterprise and national financial law give rise to a large number of international financial transactions. It is important then for practitioners in other countries to gain more than a notional understanding of the specific features of Dutch financial law, as well as a clear working knowledge of how Dutch financial law interacts with supranational regulatory and policy regimes affecting financial transactions. Toward this end, this very useful book provides a practical but nevertheless thorough survey of Dutch financial law, with lucid explanations of such topics as the following: * specific rules applicable to investment institutions; * specific rules applicable to debt instruments; * offering securities in both primary and secondary markets; * set-off and calculation of obligations of market participants (netting); * structures for custody and book-entry transfer of securities; * obtaining and terminating listings; * mandatory bids, competing bids, friendly and unfriendly bids under public offering regulations; * alternative investment funds and fund governance; * meaning, jargon and function of derivatives, forwards, futures, options, swaps, etc.; * securities repurchase and lending transactions; * covered bond regulations; * caretaking duties in private and public law; * structure of legal proceedings of a prospectus liability claim; * unfair commercial practices rules; * case law in insider trading and market manipulation; and * securities litigation in Dutch private, criminal, and administrative law. Written in clear, easy-to-follow English, this book makes Dutch financial law accessible to lawyers, business persons, and others whose work entails financial transactions in the Netherlands. It also serves as an admirable text for students and academics in the field of financial law.

The buy-out market, whereby pension liabilities are transferred to a third-party specialist, has changed dramatically in recent years. Many new market entrants have sought to provide opportunities to employers to reduce or eliminate their exposure to defined benefit pension scheme liabilities in a cost-effective fashion. Increases in anticipated longevity, combined with historically low interest rates and poor equity returns, have resulted in substantially increased costs for employers. Together with the credit crunch, the collapse of high-profile banking institutions and a deteriorating economy, they provide yet further reasons for employers and trustees to seek to protect defined benefit liabilities. Buy-outs (and their alternative, buy-ins) have represented an attractive opportunity for trustees and employers alike in seeking to eliminate such exposure. The number of new market entrants and the new 'non-insured' buy-out model have generated considerable competition and a significant reduction in buy-out and buy-in cost. Featuring contributions by leading experts in the field, including the Pension Corporation, Lucida, Hewitt Associates and Pitmans Trustees Limited, this timely title covers topics such as the attractions of the current buy-out market, the non-insured buy-out option, the Financial Services Authority regulated market and the elimination of pension scheme liabilities, as well as an overview of the buy-out market in selected countries. This book is aimed at a broad cross-section of the pension market and is intended to be of practical use to trustees, employers, advisers, administrators and other pension stakeholders in providing a comprehensive guide to how best to tackle the thorny issue of eliminating defined benefit scheme liabilities.

The New Campaign Finance Sourcebook has been integrated with the award-winning and frequently visited Brookings website to provide a timely, interactive tool for policymakers, journalists, and scholars. Four of the countrys leading experts on campaign finance reform have contributed original essays on important facets of finance law and administration. The essays are accompanied by a list of corresponding documents available on the website. The book offers a thorough overview and analysis of this highly controversial issue, including the history of campaign finance regulation and the current state of the law, current practices and trends in the flow of money, the constitutional debate, the use of political party money, issue advocacy, public financing of presidential elections, implementing and enforcing campaign finance laws, and campaigning on the internet. The authors conclude with a broad overview of alternative approaches to reform. The related website (www.brookings.edu/campaignfinance) features sidebars that correspond to the books chapters as well as associated documents. The site is frequently updated with recent developments in campaign finance regulation and analyses of current court cases and administrative decisions. There are also links to advisory opinions from the Federal Elections Commission, nonprofit organizations that study reform, and related publications-.

Insider Dealing: Law and Practice, first edition, was the first work to offer a detailed treatment of the rapidly developing law and practice relating to this complex area of law. The new edition of this leading text continues to provide an easily accessible guide to the practice and procedure of an insider dealing investigation, prosecution or civil action. Significantly updated to take account of the Market Abuse Regulation, which came into force in 2016 and replaced UK domestic law, this new edition contains extensive new material analysing insider dealing behaviour that amounts to market abuse. Coverage has been expanded to include important recent legislative developments and case law, and key primary materials are brought together for ease of reference. Written by a leading practitioner with unparalleled experience in both private practice and at the FSA, Insider Dealing: Law and Practice, second edition, offers a clearly structured and practical treatment of the area.