Legal Capital in Europe

Author: Edited by Lutter   Marcus  

Publisher: De Gruyter‎

Publication year: 2006

E-ISBN: 9783110926583

P-ISBN(Paperback): 9783899493399

Subject:

Keyword: 法律

Language: ENG

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Description

A group of German and European company law experts, academics as well as practitioners, have come together to scrutinise sense and benefits of fixed legal capital and all its specific elements.

This volume contains, besides an executive summary of the results, 16 essays on specific aspects of legal capital in Germany covering also neighbouring fields of law (e.g. accounting, insolvency); 7 reports on fixed legal capital in other jurisdictions (France, Great Britain, Italy, the Netherlands, Poland, Spain and the U.S.A.) addressing the same questions as the essays on German law.

Chapter

Raising Cash and Contributions in Kind when forming a Company and for Capital Increases

Capital Maintenance – The regime of the Capital Directive versus Alternative Systems –

Disguised Distributions and Capital Maintenance in European Company Law

Director’s Duties in the Vicinity of Insolvency – a comparative analysis with reports from Germany, Austria, Belgium, Denmark, England, Finland, France, Italy, the Netherlands, Norway, Spain and Sweden

Grounds for Insolvency and Liability for Delays in Filing for Insolvency Proceedings – Necessary Supplement to Capital Protection –

Direct Liability of Controlling Parties (Piercing the Corporate Veil) and Related Legal Constellations

Directors Liability in the Member States of the European Union

Directors’ disqualification and creditor protection

Fixed capital under German Stock Corporation Law and its Significance for the Protection of Investors and Minority Shareholders

Special Rules for Shareholder Loans: Which Consequences Would Arise For Shareholder Loans if the System of Legal Capital Should be Abolished?

Claw-back Rules and Creditors' Protection

The Future of Creditor Protection through Capital Maintenance Rules in European Company Law - An Economic Perspective

Improving Creditor Protection through IFRS Reporting and Solvency Tests

Does contract suffice to protect the creditors of a company and their interests?

Part 2: Single Country Reports

Great Britain

England

Creditor protection through insolvency law in England

France

Working Group on the Share Capital in Europe - French Answers to the Questionnaire

Italy

Legal Capital Rules in Italian Company Law and the EU Perspective

Netherlands

Capital and Capital Protection in The Netherlands: A Doctrine in Flux

Spain

Capital Protection in Spanish Company Law

Poland

A Report on Selected Aspects of Legal Capital under Polish Code of Commercial Companies

USA

Capital Requirements in United States Corporation Law

Life Without Legal Capital: Lessons from American Law

Index

Capital Maintenance – The regime of the Capital Directive versus Alternative Systems –

Disguised Distributions and Capital Maintenance in European Company Law

Director’s Duties in the Vicinity of Insolvency – a comparative analysis with reports from Germany, Austria, Belgium, Denmark, England, Finland, France, Italy, the Netherlands, Norway, Spain and Sweden

Grounds for Insolvency and Liability for Delays in Filing for Insolvency Proceedings – Necessary Supplement to Capital Protection –

Direct Liability of Controlling Parties (Piercing the Corporate Veil) and Related Legal Constellations

Directors Liability in the Member States of the European Union

Directors’ disqualification and creditor protection

Fixed capital under German Stock Corporation Law and its Significance for the Protection of Investors and Minority Shareholders

Special Rules for Shareholder Loans: Which Consequences Would Arise For Shareholder Loans if the System of Legal Capital Should be Abolished?

Claw-back Rules and Creditors' Protection

The Future of Creditor Protection through Capital Maintenance Rules in European Company Law - An Economic Perspective

Improving Creditor Protection through IFRS Reporting and Solvency Tests

Does contract suffice to protect the creditors of a company and their interests?

Part 2: Single Country Reports

Great Britain

England

Creditor protection through insolvency law in England

France

Working Group on the Share Capital in Europe - French Answers to the Questionnaire

Italy

Legal Capital Rules in Italian Company Law and the EU Perspective

Netherlands

Capital and Capital Protection in The Netherlands: A Doctrine in Flux

Spain

Capital Protection in Spanish Company Law

Poland

A Report on Selected Aspects of Legal Capital under Polish Code of Commercial Companies

USA

Capital Requirements in United States Corporation Law

Life Without Legal Capital: Lessons from American Law

Index

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