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
Creditor protection through insolvency law in England
Working Group on the Share Capital in Europe - French Answers to the Questionnaire
Legal Capital Rules in Italian Company Law and the EU Perspective
Capital and Capital Protection in The Netherlands: A Doctrine in Flux
Capital Protection in Spanish Company Law
A Report on Selected Aspects of Legal Capital under Polish Code of Commercial Companies
Capital Requirements in United States Corporation Law
Life Without Legal Capital: Lessons from American Law
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
Creditor protection through insolvency law in England
Working Group on the Share Capital in Europe - French Answers to the Questionnaire
Legal Capital Rules in Italian Company Law and the EU Perspective
Capital and Capital Protection in The Netherlands: A Doctrine in Flux
Capital Protection in Spanish Company Law
A Report on Selected Aspects of Legal Capital under Polish Code of Commercial Companies
Capital Requirements in United States Corporation Law
Life Without Legal Capital: Lessons from American Law
Legal Capital in Europe
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