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Corporate Finance Law in the UK and EU

Corporate Finance Law in the UK and EU

Author: Dan Prentice; Arad Reisberg
Publisher: Oxford University Press
ISBN: 9780199589616
Published In: February 2011
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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A combined practical and theoretical comparison of UK and EU corporate finance law giving unique perspectives and a forward looking approach
Addresses key issues arising from the financial crisis, such as the scope for innovation in legal markets, as well as anticipating issues likely to be of critical importance in the next few years, including regulatory reforms and the impact of higher interest rates on capital markets strategies
Covers issues relating to equity financing, debt financing and European law and policy

Combining perspectives from practice, legal theory and doctrinal analysis, this book presents a comprehensive examination of the questions facing the current understanding and future application of corporate finance law, such as the optimal adaptation of regulation in highly dynamic settings and the scope for innovation in legal markets in light of the current debt crisis.

The book considers areas of corporate finance that are likely to be of key importance in the next few years including regulatory reforms, which are of present concern. It also addresses timely and important questions such as the impact of higher interest rates on capital markets strategies and how directors should balance the demands for disclosure and transparency with the cost of compliance.

Bringing together contributions from over 20 international leading academic and practitioner experts in this area, this book provides a comparative perspective of equity financing, debt financing, European law and policy, and practical research on how to improve and solve current problems related to corporate finance.

Readership: Scholars and practitioners specialising in company and financial/banking law as well as international legal practitioners, policy makers, judges and scholars.

Part I: Equity financing and capital markets finance

1: John Lowry: The prohibition against financial assistance constructing a rational response

2: David Kershaw: The decline of legal capital: an exploration of the consequences of board solvency based capital reductions

3: Ceri Bryant: Schemes of arrangement

4: Jesper Lau Hansen: Insider dealing after the market abuse directive

5: Emilios Avgouleas: Short sales regulation in seasoned equity offerings: what are the issues?

6: Iris H-Y Chiu: Initial public offers - the supply and demand side perspectives in the legal framework

7: Arad Reisberg: The future role of credit rating agencies in contemporary financial markers - a theoretical perspective

Part II: Debt financing and taxation

8: Robert Stevens: Contractual aspects of debt financing

9: Marcus Smith QC: Security

10: Ian Annetts and Ed Murray: Set-off, netting and alternatives to security

11: Andrew McKnight: Policy issues and reform in debt finance: the reform of the English law of secured transactions in personal property

12: Look Chan Ho: The practitioner's perspective: the Financial Collateral Directive in England

13: John Vella: The assymetrical treatment of debt and equity finance under UK tax law

Part III: European law and policy

14: Harry McVea: The EU Financial Services Action Plan and its impact on corporate finance

15: William W. Bratton, Joseph A. McCahery and Erik P.M. Vermeulen: The impact of increased corporate mobility on corporate lawmaking in the EU and on corporate finance issues

16: Wolf-Georg Ringe: Is Volkswagan the new Centros? Free movement of capital's impact on company law

17: Pierre Schammo: Equivalence-based regulation and EU prospectus law: the shadow regime

18: Heriberte Hirte and Alexander Schall: Legal capital and the EU-treaties;

Dan Prentice, Visiting Professor, University College London, and Arad Reisberg, Reader, University College London

Dan Prentice is a visiting professor at University College London and practices at Erskine Chambers. He is Emeritus Professor of Corporate Law at the University of Oxford and he is a member of the Law Society's Committees on Company Law and Insolvency Law.

Arad Reisberg is a Reader in Corporate and Financial Law at University College London. His research interests are in the field of corporate law, financial law, corporate finance and regulation of financial markets.

Contributors:

John Lowry, University College London
David Kershaw, London School of Economics
Ceri Bryant, Erskine Chambers
Jesper Lau Hansen, University of Copenhagen
Emilios Avgouleas, University of Manchester
Iris Chiu, University College London
Arad Reisberg, University College London
Rob Stevens, University College London
Marcus Smith, Fountain Court Chambers
Ian Annetts, Allen & Overy LLP
Ed Murray, Allen & Overy LLP
Andrew McKnight, Queen Mary, University of London and Salans LLP
Look Chan Ho, Freshfields Bruckhaus Deringer LLP
John Vella, University of Oxford
Harry McVea, University of Bristol
William W. Bratton, Georgetown University
Joseph A. McCahery, Tilburg University
Erik P.M. Vermeulen, Tilburg University
Wolf-Georg Ringe, University of Oxford
Pierre Schammo, University of Manchester
Heribert Hirte, University of Hamburg
Alexander Schall, University of Hamburg

"...this is a text that serves as a more than worthy addition to the literature and will set the benchmarks for future entrants to this field." - Paul J. Omar, International Company and Commercial Law Review