By Paul Davies, Klaus Hopt, Richard Nowak, Gerard van Solinge
Company forums play a critical function in company governance and are therefore regulated within the company legislation and company governance codes of all industrialized nations. but whereas there's a universal center of ideas at the forums enormous transformations stay. those transformations count partially on shareholder constitution, in part on old, political and social advancements and particularly worker illustration at the board. extra lately, particularly with the increase of the foreign company governance code flow, there's a transparent tendency in the direction of convergence, no less than when it comes to the formal provisions of the codes.
This e-book analyzes the company forums, their legislation in legislation and codes and their genuine functioning in ten eu nations (Belgium, France, Germany, Italy, the Netherlands, Poland, Spain, Sweden, Switzerland and the United Kingdom). It bargains the hottest useful and analytical details on forums in Europe via top corporation legislations specialists. the problems addressed contain: board constitution, composition and functioning (one tier v. tier, self sustaining administrators, services and variety, isolating the chair and the CEO services, details streams, committees, vote casting and worker representation); enforcement by way of legal responsibility principles (in specific conflicts of interest), incentive constructions (remuneration) and shareholder activism.
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Additional resources for Corporate Boards in European Law: A Comparative Analysis
728b para. 2 subpara. 4 .......... 669, 699 Art. 730a para. 669 Art. 699 Art. 686 Art. 736 para. 4 ............................. 670, 687 Art. 754 ......................................... 701, 711 Art. 754 para. 688 Art. 755 ......................................... 701, 711 Art. 701 Art. 757 para. 701 Art. ): Art. 703 Art. 703 Art. 762 ......................................... 670, 686 Corporation Law 1881 Art. 650 para. 662 Art. 650 para. 675 Corporation Law 1936 (CO 1936) Art. 722 para. 2 no.
Head of the scientific committee of the European Association of Banking and Financial Law (2009–2011). Professorial Fellow of the Faculty of Law of Tilburg, Anton Philips Professor 2008–2009. Co-founder of the Paris Workshop & Lecture Series in Law & Finance. Member of the Executive Committee of the Labex (Excellence Research Center) Financial Regulation (ESCP-Europe Business School, ENA, CNAM, ENASS, University of Paris 1). Vice-President of Rules for Growth. Author of The Influence of Financial Imperatives and Market Forces on French Corporate Law, Thomson-Transactive, 2000.
P. Lang, ‘The Ultimate Ownership of Western European Corporations’, 65 Journal of Financial Economics 365 (2001); F. Barca and M. , The Control of Corporate Europe, Oxford 2001; J. Armour, H. Hansmann and R. Kraakman, in R. , Oxford 2009, p. M. Pacces, Featuring Control Power, Rotterdam 2008; idem, Rethinking Corporate Governance, The law and economics of control powers, London and New York 2012. 3 We use the term ‘agency problem’ in the sense adopted in law and economics scholarship. In this usage an ‘agent’ is someone who has the factual power to take decisions or undertake actions which affect, positively or negatively, the welfare of another person—the ‘principal’.
Corporate Boards in European Law: A Comparative Analysis by Paul Davies, Klaus Hopt, Richard Nowak, Gerard van Solinge