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The uniqueness of this book is its conceptualization of a corporate
group as a system of interaction, comprised of nodes, links and
internal governance tools. This framework can be used to understand
what constitutes a group, based on affiliation-linkages. By
increasing our perception of group-structuring we can assess the
extent to which existing laws address all variables. If the law
does not consider certain variables to be used for identifying
groups, a case of shadow business may be identified.
Group-transparency is a recurring topic on the regulatory agenda.
In this book, three legal domains are analysed questioning whether
specific amendments have led to increased group-transparency: the
control-definition for consolidated accounts,
shareholder-transparency in company law, and major holding
disclosure in listed companies. This book identifies deficiencies
of the law in obtaining its regulatory objective of
group-transparency, and proposes an interpretative solution based
on Systems Thinking.
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