The Law and Finance of Related Party Transactions

Banking / Finance

The Law and Finance of Related Party Transactions

Edited by Luca Enriques · Tobias H. Tröger
Cambridge University Press June 2022

Specifications

ISBN-13
9781108453738
Publisher
Cambridge University Press
Publication
June 2022
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

A globe-spanning group of leading law and finance scholars bring together cutting-edge research to comprehensively examine the challenges legislators face in regulating related party transactions in a socially beneficial way. Combining theoretical analysis of the foundations of efficient regulation with empirical and comparative studies, readers are invited to draw their own conclusions on which regulatory responses work best under differing circumstances. The careful selection of surveyed jurisdictions offers in-depth insight into a broad variety of regulatory strategies and their interdependence with socioeconomic and political conditions. This work should be read by scholars, policymakers, and graduate students interested in a critical, much-debated area of corporate governance.

Table of Contents

The law and (some) finance of related party transactions: an introduction
Luca Enriques and Tobias H. Tröger
Part I. Theoretical Framework and Policy Issues in Regulating RPTs:
1. Corporate control and the regulation of controlling shareholders
Zohar Goshen and Assaf Hamdani
2. Optimally restrained tunneling: the puzzle of controlling shareholders' 'generous' exploitation in bad-law jurisdictions
Sang Yop Kang
3. Powering preemptive rights with presubscription disclosure
Jesse Fried
4. MOM approval in a world of active shareholders
Edward Rock
5. Institutional investors as minority shareholders
Assaf Hamdani and Yishay Yafeh
6. Procedural and substantive review of related party transactions (RPTs): the case for non-controlling shareholder-dependent (NCS-dependent) directors
Alessio M. Pacces
7. Related party transactions and intragroup transactions
Jens Dammann
8. Related-party transactions in state-owned enterprises: tunneling, propping, and policy channeling
Curtis Milhaupt and Mariana Pargendler
9. Related party transactions in insolvency
Kristin Van Zwieten
Part II. Regional- and Country-Specific Insights:
10. Related party transactions in East Asia
Kon Sik Kim
11. Related party transactions in Commonwealth Asia: complexity revealed
Dan W. Puchniak and Umakanth Varottil
12. Related party transactions: UK model
Paul Davies
13. Related party transactions in France: a critical assessment
Geneviève Helleringer
14. Germany's reluctance to regulate related party transactions
Tobias H. Tröger
15. Be careful what you wish for: how progress engendered regression in related party transaction regulation in Israel
Amir Licht
16. Enforcing rules on related party transactions in Italy: one securities regulator's challenge
Marcello Bianchi, Luca Enriques and Mateja Milič
Bibliography
Index
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