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Instruments of EU Corporate Governance
European Company Law Series, Volume 19 Compelling new perspectives on corporate governance – including attention to increased shareholder engagement, long-term value creation, and sustainability – have given rise to major changes in the management of companies. Yet, until this book, there has been no systematic account of the legislative and soft law instruments designed to promote good corporate governance practices across the range of sizes and types of companies. The book analyses the various instruments that legislators and others have used to promote good corporate governance in European companies and assesses their value in practice. Nineteen well-known scholars of business and cor...
Managers in European Law
Business organisations depend on having one or more persons who can legitimately make strategic business decisions. But what are the legal entitlements of such key professionals? This is the first book – with contributions from experts across Europe – to take a broad comparative look at how the delimitation of rights and duties of executive and non-executive managers is done under different areas of EU law and across different jurisdictions (namely, EU and national law). Aspects of the executive role covered include the following: extensive treatment of definitions and methodologies to ascertain the status of managers as ‘workers’ in Europe; comprehensive interdisciplinary and compar...
Hybrid Financial Instruments in International Tax Law
Financial innovation allows companies and other entities that wish to raise capital to choose from a myriad of possible instruments that can be tailored to meet the specific business needs of the issuer and investor. However, such instruments put increasing pressure on a question that is fundamental to the tax and financial systems of a country – the distinction between debt and equity. Focusing on hybrid financial instruments (HFIs) – which lie somewhere along the debt-equity continuum, but where exactly depends on the terms of the instrument as well as on applicable laws – this book analyses their treatment under both domestic law and tax treaties. Key jurisdictions, including the EU...
Boards of Directors in European Companies
The recent financial crisis has once again stressed the importance of good corporate governance and corporate social responsibility in building trust in the European internal market. It has given rise to a discussion of whether a number of issues should be addressed through regulation or soft law at EU level. These issues relate in particular to the duties of directors in European companies as well as how the board of directors is composed and structured. Drawing attention first to duties of directors and then to the organisation of the board, this appropriately timed analysis takes stock of the status of the initiatives that have been debated so far, examines whether the rules which have be...
Shareholders’ Duties
It is often assumed that shareholders have rights, not duties. In recent years, however, this assumption has come under intense scrutiny in all aspects of company law and capital market law -legislation, the courts, soft law, and scholarship - and, in Europe especially, major changes are under way across a diverse spectrum all the way from revised contractual arrangements to mandatory statutory provisions. Such a shift has important implications for the fundamentals of European company law, and there is a need to examine shareholders' duties and to consider where this trend is taking shareholders and their stance in law. This focused collection of essays by twenty notable scholars addresses ...
Regulation in the EU
Regulation in the EU provides analysis of some of the core legal aspects of EU regulation. The book focuses on the use of new instruments and methods as alternatives or supplements to traditional forms of legislation, such as directives and regulations. It also provides an analysis of the use of alternative procedures for creating legislation in the EU and the use of impact assessment in the adoption of EU regulation. The book includes an analysis of the reform of legal instruments proposed in the Constitutional Treaty. This book will be of interest to scholars, students and practitioners seeking to understand the core legal aspects of EU regulation and indications of where EU regulation is moving in the future. The book is the result of cooperation between legal experts from the Aarhus School of Business, the University of Aarhus, the Royal Agricultural University, the University of Southern Denmark and the Danish Ministry of Foreign Affairs. The book is edited by Birgitte Egelund Olsen and Karsten Engsig Sorensen who are both professors at the Aarhus School of Business.
Abuse of Companies
Whether the corporate form is used to avoid liabilities or cover illegal acts, or whether abuse is practised to obtain certain advantages, the subject of this first-ever in-depth survey and analysis garners more attention every day – both in legal literature and in popular media. Taken together, the authoritative contributions in this book clearly and comprehensively reveal typical situations where abuse may take place and how company law and other areas of law have tackled these incidents and practices in a variety of key jurisdictions. Focusing on Europe but with global implications, the topics raised include the following: how group structures may be used by multinational enterprises to...
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The Cambridge History of Medieval Monasticism in the Latin West
Monasticism, in all of its variations, was a feature of almost every landscape in the medieval West. So ubiquitous were religious women and men throughout the Middle Ages that all medievalists encounter monasticism in their intellectual worlds. While there is enormous interest in medieval monasticism among Anglophone scholars, language is often a barrier to accessing some of the most important and groundbreaking research emerging from Europe. The Cambridge History of Medieval Monasticism in the Latin West offers a comprehensive treatment of medieval monasticism, from Late Antiquity to the end of the Middle Ages. The essays, specially commissioned for this volume and written by an international team of scholars, with contributors from Australia, Belgium, Canada, England, France, Germany, Italy, the Netherlands, Spain, Switzerland, and the United States, cover a range of topics and themes and represent the most up-to-date discoveries on this topic.
