German Corporate Governance in International and European Context

German Corporate Governance in International and European Context

Author: Jean J. du Plessis

Publisher: Springer Science & Business Media

Published: 2012-01-14

Total Pages: 540

ISBN-13: 3642230040

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Corporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on these important topics. This second edition is an extensively revised and updated version of the first edition, in particular with a view to the worldwide debt crisis. The authors provide readers with an overview of the unique features of German business and enterprise law and an in-depth analysis of the organs of governance of German public limited companies (general meeting, management board, supervisory board). In addition, approaches for reforms required at the international level are also suggested and discussed, including, among others, the unique interplay and dynamics of the German two-tier board model with the system of codetermination, referring to the arrangement of employees sitting on the supervisory boards of German public limited companies and private companies employing more than 500 employees; also covered are significant recent legal developments in Europe. The book highlights the core function of valuation and financial reporting at the international, European and German levels, with accounting as the documentary proof of good corporate governance. It also expands the scope of the first edition by a treatment of the German financial sector, global corporate finance and governance, and by including a new chapter on compliance of corporate governance laws, rules and standards in Germany. As far as comparative law is concerned, new developments in the area of corporate governance in the EU, the OECD Principles of Corporate Governance and corporate governance in the US, the UK and Australia are covered. The book is addressed to researchers, practitioners and basically anyone with an interest in the complex, but intriguing areas of corporate law and corporate governance.


The Concept of the Employer

The Concept of the Employer

Author: Jeremias Prassl

Publisher: OUP Oxford

Published: 2015-03-26

Total Pages: 309

ISBN-13: 0191054437

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Employment law has increasingly struggled to adapt to complex modern work arrangements, from agency work to corporate groups. This book suggests that the reason for this failure can be found in our concept of the employer, which has become riddled with internal contradictions in its search for a unitary employer, the counterparty to a bilateral contract, through a series of multi-functional tests focussed on the exercise of a range of employer functions. As a result of this tension, full employment law coverage is restricted to a narrow scenario where a single legal entity exercises all employer functions - a paradigm far from the reality of modern labour markets characterized by a fragmentation of work, from the rise of employment agencies and service companies to corporate groups and Private Equity investors. These problems can only be addressed by a careful reconceptualization and the development of a functional concept of the employer. The book draws on existing models in English, German, and European law to develop a definition of the employer as the entity, or combination of entities, exercising functions regulated in a particular domain of employment law. Each of the two strands of the current concept is addressed in turn to demonstrate how a more openly multi-functional approach can successfully overcome the rigidities of the current notion without abandoning a coherent underlying framework. It fills a crucial gap in employment law and corporate law with its analysis of the defects in our current understanding of the employer, and in developing a new functional concept designed to overcome the problems identified.


Institutional Investors and Corporate Governance

Institutional Investors and Corporate Governance

Author: Theodor Baums

Publisher: Walter de Gruyter

Published: 2011-05-02

Total Pages: 725

ISBN-13: 311089338X

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The volume contains 23 articles by international experts, both scholars and practioners dealing with the development of institutional investors (such as banks, insurances, investment companies, pension funds etc.), their investment and voting policies, the impact on managements of the companies concerned and related issues. The consequences of the international development on capital markets as well as policy implications for the respective national legislations are treated.


Corporate Governance Regimes

Corporate Governance Regimes

Author: Joseph McCahery

Publisher: Oxford University Press, USA

Published: 2002

Total Pages: 728

ISBN-13: 9780199247875

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This volume provides an up-to-the-minute survey of the field of corporate governance, focusing particularly on issues of convergence and diversity. A number of topics are discussed including bankruptcy procedures, initial public offerings, the role of large stakes, comparative corporate governance, and institutional investors.


Comparative Company Law

Comparative Company Law

Author: Andreas Cahn

Publisher: Cambridge University Press

Published: 2018-10-04

Total Pages: 1095

ISBN-13: 1107186358

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Presents in-depth, comparative analyses of German, UK and US company laws illustrated by leading cases, with German cases in English translation.


The Economics and Politics of Accounting

The Economics and Politics of Accounting

Author: Christian Leuz

Publisher: OUP Oxford

Published: 2005-09-15

Total Pages: 434

ISBN-13: 0191536830

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Accounting and the role of accountants has permeated the modern societies. For the most part we have accepted the impartiality and objectivity of accounting and not recognized how accounting systems are embedded in a country's economic and legal framework, much of which is in turn shaped by political processes. This web of interactions results in complex economic and political questions which require accounting researchers to focus on several related trends: information economics, regulatory economics, sociology, and political science. Although considerable progress has been made in the field of accounting, many fundamental questions are still subject to debate. In this book leading international scholars address a number of important questions: · What is the role of accounting in security valuation, decision making and contracting? · What can we learn from economics-based research in accounting? · What is the role of auditing and how can accounting standards be enforced? · What are the cost and benefits of accounting and disclosure regulation? · What is the role of accounting in society? · How does lobbying affect the political process of standard setting? · What are the consequences of the internationalization of standard setting? This seminal book will be of interest to academics, researchers, and graduate students of Accounting, Finance, Business Studies, Sociology, and Political Economy.


From Administrative Authorisation to Private Law

From Administrative Authorisation to Private Law

Author: Jianfu Chen

Publisher: Martinus Nijhoff Publishers

Published: 1995

Total Pages: 356

ISBN-13: 9780792332008

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This book is an in-depth, comparative study of the nature of civil and commercial law and of its development in the PRC. It focuses on the very complex interrelations and interactions between Party and state policies and measures, scholars' theoretical efforts and the development of civil and commercial law, especially the development of the institutions of legal personality and of property rights in the PRC. It also analyses the underlying influences of foreign legal systems and legal theories as well as the difficulties experienced by Chinese law makers and scholars in applying these theories. The book provides fresh insights into the role of law and the transformation of Chinese civil and commercial law, as now occurring in the PRC. The book is a valuable reference source for scholars who wish to explore the fascinating subject of the transformation of civil and commercial law in contemporary China.


Groups of Companies

Groups of Companies

Author: Rafael Mariano Manóvil

Publisher: Springer Nature

Published: 2020-03-16

Total Pages: 694

ISBN-13: 3030366979

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This book presents a comprehensive study on how twenty-three countries have approached the issue of company groups. In addition to detailed profiles of each country’s legislation, written by some of the most respected experts in the field, the book also presents a general overview and offers readers an in-depth, up-to-date and highly practical comparative analysis of the company group phenomenon in connection with national legal regimes. As such, the book is a must-read for all those seeking a deeper understanding of how company groups are viewed and regulated around the globe.


Pluralism, Politics and the Marketplace

Pluralism, Politics and the Marketplace

Author: Suzanne Hasselbach

Publisher: Routledge

Published: 2002-09-11

Total Pages: 281

ISBN-13: 1134938527

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Since the mid-1980s, broadcasting in the Federal Republic of Germany has been extensively re-regulated. The traditional duopoly of the public broadcasters Ard and ZDF has been challenged by new private networks in both radio and television. In two historic judgements handed down in 1986 and 1987, the Federal Constitutional Court set out terms for a new dual order of private and public broadcasting. But how were the guidelines of the court interpreted in practice? Pluralism, Politics and the Marketplace traces the economic and political influences which shaped the emergence of a pluralistic broadcasting system in the federal republic, and examines the conflicts between public and private broadcasting, both in West Germany and in the European Community as a whole.


Principles of Enterprise Law

Principles of Enterprise Law

Author: Ewan McGaughey

Publisher: Cambridge University Press

Published: 2022-09

Total Pages: 815

ISBN-13: 1316517640

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Shows how the enterprises shaping our lives really work: in education, banking, energy, transport, media & big-tech.