Principles of Takeover Regulation

Providing a clear and comprehensive exposition of takeover law in the UK, this book analyses the principles behind the Takeover Code, explaining the origin, effect, and operation of the rules and regulation with reference to practice and ...

Author: Professor of Law David Kershaw, (Pr

Publisher:

ISBN: 9780199659555

Category: Consolidation and merger of corporations

Page: 360

View: 340

Providing a clear and comprehensive exposition of takeover law in the UK, this book analyses the principles behind the Takeover Code, explaining the origin, effect, and operation of the rules and regulation with reference to practice and theory. Set in an economic context, the book includes coverage of the jurisprudence of the Takeover Panel, and offers an in-depth understanding of takeover regulation while also providing a degree of context and background to make sense of the regulation. A thoughtful explanation of takeover law, this is a valuable resource for the field of takeover law

Principles of Takeover Regulation

Providing a clear and comprehensive exposition of takeover law in the UK, this book analyses the principles behind the Takeover Code, explaining the origin, effect and operation of the rules and regulation with reference to practice and ...

Author: David Kershaw (Professor of law)

Publisher:

ISBN: 9780191634482

Category: Consolidation and merger of corporations

Page: 380

View: 625

Providing a clear and comprehensive exposition of takeover law in the UK, this book analyses the principles behind the Takeover Code, explaining the origin, effect and operation of the rules and regulation with reference to practice and theory.

Comparative Takeover Regulation

The Code jurisdictions have specific principles and rules dealing with this: Hong
Kong Takeover Code, General ... This principle is encompassed in the broader
policy purpose in the Australian legislation of ensuring that acquisitions of control
 ...

Author: Umakanth Varottil

Publisher: Cambridge University Press

ISBN: 1108170978

Category: Law

Page:

View: 366

While Western economies generally display dispersed shareholding in listed companies, Asian economies commonly have concentrated shareholding also in publicly listed companies. The principal analysis in Comparative Takeover Regulation relates to the role of takeover regulation in different economies. In the Asian context, the nature of takeover regulation may necessitate a different approach, with greater emphasis on the mandatory bids and disclosure of substantial shareholding. The likelihood of hostile takeovers will be minimal. It is these differences among various jurisdictions that strike at the heart of Varottil and Wan's new work. Ideal for educational institutions that teach corporate law, corporate governance, and mergers and acquisitions, as well as for law firms, corporate counsel and other practitioners, Comparative Takeover Regulation provides students and scholars with brand new analysis of this increasingly important field of study.


Corporate Governance Regimes

While this is true for many principles of takeover regulation , such as information
and disclosure , takeover procedure , conduct during the offer , partial offers , and
competing offers , two more controversial points shall be stressed , namely the ...

Author: Joseph McCahery

Publisher: Oxford University Press on Demand

ISBN: 9780199247875

Category: Business & Economics

Page: 696

View: 638

This book seeks to examine the relationship between corporate law rules and economic performance. Contributors examine the design of the two main systems of corporate governance to ascertain which bundle of rules is likely to support the emergence of a strong system of governance. They seek to show that the performance of companies is linked to different patterns of shareholding, legal rules, and non-legal relationships.

Public Companies and Their Equity Securities Principles of Regulation under Hong Kong

In determining the proper role of takeovers and takeovers regulations in Hong
Kong , it is important to bear in mind two features of the Hong Kong stock market .
One feature is the futility of the voice of minority shareholders . " The other is the ...

Author: Betty Ho

Publisher: Springer

ISBN: 9789041196484

Category: Business & Economics

Page: 1208

View: 667

The Hong Kong securities market is a significant international market, ranking sixth in the world in terms of capitalization. This new work presents a comprehensive and critical examination of the laws and norms regulating listed companies, their equity securities and other participants in this market. Four major themes, highlighting the difficulties in making Anglo-American corporate and securities laws fit fundamentally different markets, underlie the author's analysis. First, to ensure investor protection, corporate law and securities regulations have to be formulated as one integral law. Second, rules of corporate governance prevailing in Anglo-Saxon jurisdictions have to be adapted to Hong Kong's different corporate structures. Third, particular attention must be paid to problems of enforcement given the difficulties inherent in a self-regulatory regime and the absence of a contingency fee system. Fourth, specific solutions are required to address the problems posed by internationalization. This critical analysis is of significant comparative interest and provides essential reading for corporate and securities lawyers in Asia and throughout the world.

Regulating the Takeover of Chinese Listed Companies

Again, there needs to be specific takeover regulations to address the abusive use
of takeover defences and the conflicts of interest in MBOs, both of which pose a
risk to the regulatory principle of impartiality. These regulatory rules will be ...

Author: Juan Chen

Publisher: Springer

ISBN: 3642545084

Category: Law

Page: 189

View: 692

This book provides a comprehensive review of the Measures for Administration of Takeover of Chinese Listed Companies (the Chinese takeover law), with emphasis on the differences between the Chinese takeover law and takeover legislation in the UK, the US and Hong Kong. The Chinese M&A market has been booming at an unprecedented rate in recent years; not only domestic investors, but also foreign funds and multinational companies are actively participating on the market. For both market participants and researchers, it is crucial to understand the emerging and transitional aspects of the Chinese economy and its M&A market, and the impacts of those aspects on relevant laws. While there are ongoing academic discussions on the convergence between the Chinese takeover law and its counterparts in the UK, Hong Kong and the US, this book offers a comprehensive discussion of the divergence and focuses on key differences in the transplanted Chinese takeover law.

Corporate Finance Law

In the absence of takeover regulation the relevant principles governing this
relationship are found in contract law. The bidder deals with each target
shareholder separately. In the absence of specific takeover regulation, bidders
could offer ...

Author: Louise Gullifer

Publisher: Bloomsbury Publishing

ISBN: 1847317618

Category: Law

Page: 788

View: 248

Corporate Finance is an area of law which is obviously of significant practical importance, but the academic analysis of this area of law has also been increasingly recognised. This book provides a discussion of the most interesting theoretical and policy issues in Corporate Finance law. This book covers both the equity and debt sides of Corporate Finance law, and seeks, where possible, to compare the two, considering the desirability of each in various circumstances and pointing to areas of convergence and overlap. The topics covered in this book include: an overview of the financing options available to companies; the relationship between debt and equity; legal capital; contractual protection for creditors; proprietary protection for creditors; single and multiple lenders; transferred debt; public offers of shares; the ongoing regulation of the capital market; the regulation of debt; takeovers; schemes of arrangement and private equity. Each chapter analyses the issues so as to enable the reader to understand the difficulties, risks and tensions inherent in this area of law, and the attempts made by the legislature and the courts, as well as the parties involved, to deal with them. This book discusses areas where the law is uncertain, including some difficult conceptual problems, and considers the present law critically, including options for possible reform. This book will be of interest to practitioners, academics and students engaged in the practice and study of corporate finance law.

Bond Law Review

Chapter 1 discusses the pro - takeover and anti - takeover theories and the
nature of corporate takeover regulation in ... for takeover law reform and has
since constituted a fundamental principle of corporate takeover regulation in
Australia ' .

Author:

Publisher:

ISBN:

Category: Law

Page:

View: 596



Takeovers and the European Legal Framework

Moreover, he argues that the future of EU takeover regulation is likely to follow the lead of the UK, making this book relevant to a wide range of policy makers and academics across Europe.

Author: Jonathan Mukwiri

Publisher: Routledge

ISBN: 1134007817

Category: Business & Economics

Page: 200

View: 887

Since the implementation of the European Directive on Takeover Bids, a European common legal framework governs regulation of takeovers in EU Members States. The European Directive on Takeover Bids was adopted in April 2004, and implemented in the UK and in other Member States on 20th May 2006. The Directive seeks to regulate takeovers by way of protecting investors, and harmonising takeover laws in Europe. In facilitating the restructuring of companies through takeovers, the Directive aims at reinforcing the free movement of capital. Takeovers and the European Legal Framework studies the European Community Directive on Takeover Bids, in order to provide greater understanding of both the impact and effect of the European legal framework of takeover regulation. It firstly looks at the Directive from a British perspective, focusing on the impact of the transposition of the Takeover Directive into the UK. The book examines the provisions of the City Code on Takeovers and Mergers, and discusses the takeover provisions in the Companies Act 2006 that implement the Takeover Directive in the UK, arguing that the Directive will provide a new basis for UK takeover regulation, and that the system will work well. Jonathan Mukwiri goes on to consider the Directive in relation to the EU, arguing that despite its deficiencies, in that Member States are free to opt to restrict takeovers, the Directive provides a useful legal framework by which takeovers are regulated in different jurisdictions. Mukwiri highlights how the freedoms of the EC Treaty and EU Directives interact, and the effects of the Takeover Directive on political considerations in the law-making process in European Community. Moreover, he argues that the future of EU takeover regulation is likely to follow the lead of the UK, making this book relevant to a wide range of policy makers and academics across Europe.

European Takeovers

This second edition further explores the area following the partial harmonisation of takeover regulation within the European Union since the introduction of the European Takeover Directive and is an exhaustive reference source for anyone ...

Author: Jeremy Grant

Publisher:

ISBN: 9781787421769

Category: Law

Page: 260

View: 398

'European Takeovers' provides a complete guide to the European Takeover Directive, national M&A regulation and the interaction between domestic and pan-European regulation. It contains a detailed discussion of the fundamental principles of national and European law, its application and the various practical issues that companies and their advisers face as they plan, defend and execute takeovers. This second edition further explores the area following the partial harmonisation of takeover regulation within the European Union since the introduction of the European Takeover Directive and is an exhaustive reference source for anyone preparing, participating in and responding to takeover activity in the EU. In addition, US takeover law is examined in depth to provide a comparative perspective. This new edition will also prove to be an invaluable guide for students and academics studying this area of law. Written by leading legal and banking professionals, and academics from across Europe, 'European Takeovers' will help you navigate national takeover legislation and its implementation, and discusses recent ground-breaking and controversial takeovers from across the Continent.


Principles of Corporate Governance

The Draft addresses the role of shareholders and directors in takeovers , but
does not address all the economic and ... the financial , business , and legal
communities concerning the long - run approach to a regime of takeover
regulation .

Author: American Law Institute

Publisher:

ISBN:

Category: Corporate governance

Page:

View: 649


Principles of Corporate Governance

The Draft addresses the role of shareholders and directors in takeovers , but
does not address all the economic and ... the financial , business , and legal
communities concerning the long - run approach to a regime of takeover
regulation .

Author:

Publisher:

ISBN:

Category: Corporate governance

Page:

View: 589


The Coming Together of the Common Law and the Civil Law

While this is true for many principles of takeover regulation , such as information
and disclosure , takeover procedure , conduct during the offer , partial offers , and
competing offers , two more controversial points shall be stressed , namely the ...

Author: Basil S Markesinis

Publisher: Hart Publishing

ISBN:

Category: Law

Page: 255

View: 912

"In this unique collection of essays from some of Europe's most eminent judges and jurists readers will find the expanded versions of the speeches given at a one-day conference in London to mark, from a legal point of view, the beginning of the new millennium. In a thoughtful and predominantly comparative manner the speakers explore the cross fertilisation of ideas that is taking place between the Common and Civil law systems in such important topics as human rights, commercial law, and comparative methodology."--BOOK JACKET.

Principles of Securities Regulation

STATE CORPORATE LAW Defensive tactics to takeover attempts , § 81
Preemption , Class actions , § 57 , § 95 Takeover legislation , $ 82 Relationship
to securities law , § 2 , § 99 Takeover legislation , § 82 STATE LAW See , also ,
State ...

Author: Thomas Lee Hazen

Publisher: West Academic

ISBN:

Category: Law

Page: 449

View: 735


Securities Regulation in Australia and New Zealand

The Securities Commission ' s 1988 Proposals In respect of takeovers , Gaynor
refers to the need to enact a ... The Commission based its proposals for takeover
legislation on an unusual application of the pari passu principle , and in this ...

Author: Gordon R. Walker

Publisher: Oxford University Press, USA

ISBN:

Category: Corporation law

Page: 909

View: 330

The regulation of securities markets is a survival issue for island nations such as Australia and New Zealand which require foreign investment for economic growth. This timely book covers all aspects of securities regulation--from the physical markets and the operation of the Stock Exchanges to the workings of the Securities Commissions. It should be of interest to legal practitioners, accountants, and persons involved in finance.

Tilburg Foreign Law Review

The Eggleston Principles ( named after the chairman of the Company Law
Advisory Committee , RM Eggleston ) are principles for takeover regulation in
Australia which were stated in the Second Interim Report to the Standing
Committee of ...

Author:

Publisher:

ISBN:

Category: Comparative law

Page:

View: 920


ALI s Principles of Corporate Governance

Regulation of issuer purchases and selfSee Rule 13e - 1 , 13e - 4 . tenders . e . ...
Tier Tender Offers ( 4/19/85 ) , Effects of Poison Pills on the Wealth of Target
Shareholders ( 10/23/86 ) , and Effects of Ohio Takeover Legislation ( 5/18/87 ) .
6 .

Author:

Publisher:

ISBN:

Category: Corporate governance

Page: 233

View: 318