基本説明
An outstanding collection of essays that address the most important and topical issues in company law.
Full Description
This collection of essays is a festschrift to honour Professor Dan Prentice who retired in 2008 from the Allen & Overy Professorship of Company Law in the University of Oxford. Dan Prentice has been deeply involved in corporate law from all perspectives: as a scholar, teacher, law reformer and practising member of Erskine Chambers. His interests have covered the full range of corporate law, finance and insolvency. The occasion of his retirement from his Professorship has afforded a number of leading corporate law experts from around the world, many of whom are his former students and colleagues, an opportunity to address some of the most important issues in corporate law today, in his honour. Corporate law has always been a fast-moving area, but the present pace of change seems quicker than ever. The Companies Act 2006, by some way the longest piece of legislation ever passed by the UK Parliament, is reshaping the landscape of domestic company law. At the same time, legislative and judicial developments at the European level in corporate and securities law are of unprecedented importance for corporate lawyers based in the UK.
This outstanding series of papers addresses a number of the most important issues currently facing the subject, including the impact of the new Companies Act on directors' duties, shareholder litigation and capital maintenance; aspects of insolvency and banking regulation, the Capital Requirements Directive, and a new Convention on Intermediated securities. It will be essential reading for all those interested in the field.
Contents
Introduction JOHN ARMOUR and JENNIFER PAYNE Part I: Enforcing Corporate Law 1. Derivative Claims under the Companies Act 2006: Much Ado About Nothing? ARAD REISBERG 2. Enforcement of Insider Dealing Laws EILIS FERRAN 3. Enforcement Strategies in UK Corporate Governance: A Roadmap and Empirical Assessment JOHN ARMOUR Part II: Share Capital and Investor Protection 4. Legal Capital in the UK following the Companies Act 2006 JENNIFER PAYNE 5. Listed Infrastructure Funds: Creative Use of Corporate Structure and Law-But in Whose Interests? MARTIN LAWRENCE and GEOF STAPLEDON 6. Parent-Subsidiary Conflicts in Financial Services Groups EDDY WYMEERSCH 7. The Proprietary Protection of Investors in Intermediated Securities LOUISE GULLIFER Part III: Companies and Shareholders 8. On Improving Shareholder Voting MARCEL KAHAN and EDWARD B ROCK 9. Basic Corporate Plumbing RICHARD NOLAN 10. Law, the Market and Corporate Enterprise: The Case of the Industrial Revolution BRIAN R CHEFFINS Part IV: Debt Finance and Insolvency 11. Recurrent Issues in Receivables Financing FIDELIS ODITAH 12. Contractual Prohibitions against Assignment ROY GOODE 13. Reputation in the Private Loan Syndication Market JOSEPH A MCCAHERY and ARMIN SCHWIENBACHER
