New PDF release: The Anatomy of Corporate Law:A Comparative and Functional

By Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, Hideki Kanda, Mariana Pargendler

ISBN-10: 019956583X

ISBN-13: 9780199565832

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Additional info for The Anatomy of Corporate Law:A Comparative and Functional Approach

Example text

Conversely, it is common in some jurisdictions to find corporations whose shares are not freely tradable but that nonetheless have hundreds or thousands of shareholders, and that consequently have little in common with a typical closely held corporation that has only a handful of shareholders, some or all of whom are from the same family. Transferability of shares, as we have already suggested, is closely connected both with the liquidation protection that is a feature of strong form legal personality, and with limited liability.

For these reasons, all jurisdictions provide for free tradability for at least one class of corporation. However, free tradability can also make it difficult to maintain negotiated arrangements for sharing control and participating in management. Consequently, all jurisdictions also provide mechanisms for restricting transferability. Sometimes this is done by means of a separate statute, while other jurisdictions simply provide for restraints on transferability as an option under a general corporation statute.

2nd ed. p. cm. Includes index. ISBN 978–0–19–956583–2 (hardback : alk. paper)— ISBN 978–0–19–956584–9 (pbk. alk. paper) 1. Corporation law. I. Kraakman, Reinier H. ) 1 3 5 7 9 10 8 6 4 2 Acknowledgements In preparing this second edition we have had the great benefit of the efforts of the reviewers of our first edition. We should like to mention in particular the review by David Skeel (Corporate Anatomy Lessons 113 Yale Law Journal 1519, 2004), from which we learned much, but many reviewers provided insightful comment, which we have tried to take into account.

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The Anatomy of Corporate Law:A Comparative and Functional Approach by Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, Hideki Kanda, Mariana Pargendler


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