基本説明
This volume explains in detail the legal reforms taking place in the principal European jurisdictions, the United States and Asia. The volume examines the factors leading to the rise of the new unincorporated entities in the USA and Asia, and analyses the reforms taking place across Europe.
Full Description
Private Company Law reform is among the most important topics for lawmakers and companies. This well-timed volume explains in details the legal reforms taking place in the principal European jurisdictions, the United States and Asia.
The volume brings together a distinguished group of company law scholars to examine the factors leading to the rise of the new unincorporated entities in the US and Asia and explains in detail how private company law forms can be suitably adapted to meet a wide range of firms' needs. It examines the important reforms taking place in private company law across the EU and addresses how the reforms may lead to a more optimal environment for businesses to operate. Finally, it critically explores the advantages of introducing the European Private Company.
This book is a valuable tool for scholars, corporate lawyers, practitioners, policymakers and advanced students in law, as well as for entrepreneurs in emerging and developed markets.
Joseph A. McCahery is Professor of International Economic Law at Tilburg University, the Netherlands and Professor of Financial Market Regulation, Tilburg Law and Economics Center.
Levinus Timmerman is Advocate General in the Supreme Court of the Netherlands and Professor of Foundations of Company Law at the Erasmus University Rotterdam, the Netherlands.
Erik P.M. Vermeulen is Professor of Business Law at Tilburg University, Professor of Financial Market Regulation, Tilburg Law and Economics Center, and Vice President at the Corporate Legal Department of Philips International B.V.
Contents
Introduction: Private Company Law Reform.- Introduction: Private Company Law Reform.- Theory: New Business Entities.- The New Business Entities in Evolutionary Perspective.- The Evolving Partnership.- Uncorporations and the Delaware Strategy.- Private Company Law Reform in Europe and Asia.- The New Company Law: What Matters in An Innovative Economy.- Modernizing Latin American Company Law: Creating an All-Purpose Vehicle for Closely Held Business Entities.- Of Tradition and Change — The Modernization of the German gmbh in the Face of European Competition.- Reform of Dutch Private Company Law.- Welfare, Fairness and the Role of Courts in a Simple and Flexible Private Company Law.- The Evolution of Hybrid Business Forms in the United States.- Abolishing LLC Veil Piercing.- The Economics of Limited Liability: an Empirical Study of New York Law Firms.- Ethics in the Age of Un-Incorporation: A Return to Ambiguity of Pre-Incorporation or an Opportunity to Contract for Clarity.- The Social-Welfare Based Limits on Private Ordering in Business Association Law.- The European Private Company Before Its Pending Legislative Birth.- The European Private Company.
