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A globe-spanning group of leading law and finance scholars bring
together cutting-edge research to comprehensively examine the
challenges legislators face in regulating related party
transactions in a socially beneficial way. Combining theoretical
analysis of the foundations of efficient regulation with empirical
and comparative studies, readers are invited to draw their own
conclusions on which regulatory responses work best under differing
circumstances. The careful selection of surveyed jurisdictions
offers in-depth insight into a broad variety of regulatory
strategies and their interdependence with socioeconomic and
political conditions. This work should be read by scholars,
policymakers, and graduate students interested in a critical,
much-debated area of corporate governance.
A globe-spanning group of leading law and finance scholars bring
together cutting-edge research to comprehensively examine the
challenges legislators face in regulating related party
transactions in a socially beneficial way. Combining theoretical
analysis of the foundations of efficient regulation with empirical
and comparative studies, readers are invited to draw their own
conclusions on which regulatory responses work best under differing
circumstances. The careful selection of surveyed jurisdictions
offers in-depth insight into a broad variety of regulatory
strategies and their interdependence with socioeconomic and
political conditions. This work should be read by scholars,
policymakers, and graduate students interested in a critical,
much-debated area of corporate governance.
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 financial crisis of 2007-9 revealed serious failings in the
regulation of financial institutions and markets, and prompted a
fundamental reconsideration of the design of financial regulation.
As the financial system has become ever-more complex and
interconnected, the pace of evolution continues to accelerate. It
is now clear that regulation must focus on the financial system as
a whole, but this poses significant challenges for regulators.
Principles of Financial Regulation describes how to address those
challenges. Examining the subject from a holistic and
multidisciplinary perspective, Principles of Financial Regulation
considers the underlying policies and the objectives of regulation
by drawing on economics, finance, and law methodologies. The volume
examines regulation in a purposive and dynamic way by framing the
book in terms of what the financial system does, rather than what
financial regulation is. By analysing specific regulatory measures,
the book provides readers to the opportunity to assess regulatory
choices on specific policy issues and encourages critical
reflection on the design of regulation.
The financial crisis of 2007-9 revealed serious failings in the
regulation of financial institutions and markets, and prompted a
fundamental reconsideration of the design of financial regulation.
As the financial system has become ever-more complex and
interconnected, the pace of evolution continues to accelerate. It
is now clear that regulation must focus on the financial system as
a whole, but this poses significant challenges for regulators.
Principles of Financial Regulation describes how to address those
challenges. Examining the subject from a holistic and
multidisciplinary perspective, Principles of Financial Regulation
considers the underlying policies and the objectives of regulation
by drawing on economics, finance, and law methodologies. The volume
examines regulation in a purposive and dynamic way by framing the
book in terms of what the financial system does, rather than what
financial regulation is. By analysing specific regulatory measures,
the book provides readers to the opportunity to assess regulatory
choices on specific policy issues and encourages critical
reflection on the design of regulation.
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.
Climate change is widely recognised as one of society's most
profound challenges. In facing that challenge, the role of
businesses is central. Corporations have a crucial role to play in
mitigating climate change by reducing their net emissions and by
driving the innovation and adaptation that are necessary to bring
about a net zero economy. This volume brings together leading
thinkers to evaluate the contribution that business law has made,
and could make, to help drive such change. The contributions are
organized under 4 broad themes: * Climate Change Disclosures and
Net Zero Commitments * Climate Change: Exit or Voice * Climate
Change in the Boardroom * Climate Change in the Courtroom
This indispensable and immediate response brings together expert
views on how the world of business should best respond to the
COVID-19 pandemic. It will be required reading for those designing,
interpreting and relying on business law when responding to
COVID-19. The contributions are organised under six broad themes:
Corporate Law; Financial Markets; Insolvency Law; Dispute
Resolution; Competition Law; Regulation.
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