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Written by leading academics in the area, Pettet, Lowry &
Reisberg's Company Law offers comprehensive coverage of all major
company law and financial regulation topics. It also introduces you
to the theories, policies and wider socio-economic and political
influences that underpin the legal principles, making it an
essential guide to company law for all undergraduate and
postgraduate students. This fifth edition has been thoroughly
updated to cover all significant legal developments in company law,
including: * Discussion of the statutory objectives of the
Financial Services Act 2012, the Banking Reform Act 2013 and the
Bank of England and Financial Services Act 2016 * Consideration of
the new Directive on Markets in Financial Instruments (MiFIDII) and
the new Regulation on Markets in Financial Instruments (MiFIR) *
Chapter 9 is a new addition to the book, which explores the
specific duties that directors are subject to in more detail *
Several major consultations relating to corporate governance that
were published in the UK in 2015-2017; the current version of the
UK Corporate Governance Code; and an illuminating discussion of the
new proposed revised Code * Discussion of new double derivative
action cases, as well as new derivative suit cases in other
jurisdictions * An in-depth analysis of the new regulatory
framework of Credit Rating Agencies, focused on enhancing
competition in the credit rating market and rules aimed at reducing
over-reliance on credit ratings * Important new case law on FSMA
2000 and the recent decision of the Supreme Court in Asset Land *
Analysis of the Prospectus Regulation 2017 and the very recent
review of the UK listing regime * An extensive review of the new EU
Market Abuse Regulation (MAR) and a number of new insider dealing
cases * The recent important changes that have been made to enhance
the company insolvency regime, supported by a robust but fair
disqualification procedure. In particular, changes introduced by
the Small Business, Enterprise and Employment Act 2015, the
recommendations of the Graham Report and the Insolvency (England
and Wales) Rules 2016
This book is a rare addition to the literature on reforms in
banking regulation. It brings together discussion and commentary
from distinguished scholars covering the key area of bank corporate
governance. The volume is as much reflective as forward looking and
would appeal to students, academics and practitioners who wish to
keep abreast of developments in this critical field and develop a
more in-depth understanding of the complex and challenging nature
of bank corporate governance.' - Emilios Avgouleas, University of
Edinburgh, UK'This timely and thought-provoking collection explores
a number of aspects of the current system of corporate governance
in banks, probes their limitations and makes suggestions for
further reform. It will be of particular interest to postgraduate
students and researchers, academics and policy makers in the fields
of banking or corporate governance.' - Andrew Johnston, University
of Sheffield, UK Corporate governance in financial institutions has
come under the spotlight since the banking crisis in the UK in
2008-9. In many respects, the banking business raises unique
problems for corporate governance that are not found in other
corporate sectors. The Law on Corporate Governance in Banks is the
first work to provide a detailed survey and practical examination
of key topical issues in the corporate governance of banks and
financial institutions. Combining the insight and expertise of
leading corporate lawyers in the field with rigorous academic
analysis, the book unpicks and clarifies the legal issues that
confront corporate and banking law practitioners when advising
banks and financial institutions, including; governance structure,
collective board responsibility, directors liability, the role of
shareholders, corruption control mechanisms, remuneration,
corporate accountability, and risk management. With its practical
focus and strong theoretical platform, this book will be an
important resource for corporate and financial lawyers seeking to
understand and advise on the changing and dynamic legal landscape.
Key features of the book include: - An author team of senior
practitioners and leading academic experts - Detailed treatment of
all the key corporate governance issues in financial sector -
Comprehensive and up-to-date legislative analysis of latest
reforms.
This volume examines the circumstances in which a shareholder can
bring an action on behalf of a company (a derivative action),
exploring how this remedy may be used to ensure good corporate
governance, and laying out a theoretical framework and practical
guidance for future development of the law. Derivative actions are
an important aspect of the continuing debate about corporate
governance in the UK, the US and many other jurisdictions
worldwide. This book offers a conceptually inclusive approach to
thinking about derivative actions by providing a detailed and clear
overview, commentary, and a theoretical explanation of the law
governing derivative actions in the corporate governance context.
Reisberg provides a fundamental reassessment of the nature and
objectives of the derivative action, and conceptualizes a new model
of the derivative action mechanism. He argues that action should be
taken in three areas: (1) conceptual (adoption of a new framework-
the 'Functional and Focused Model' set out in the book) (2)
strategic (employment of appropriate incentives and fee rules which
advance the premises behind the Model) (3) maintaining doctrinal
consistency (clarification of the interaction between the
derivative action and other remedies available to shareholders)
This book offers practical guidance on solving current problems in
many jurisdictions based on case law, and on substantive legal,
economic, and comparative research. It also provides a
comprehensive and detailed analysis and commentary on the regime
governing derivative actions under Part 11 of the Companies Act
2006 in the UK.
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