Convergence in shareholder law / Mathias M. Siems.

Format:

Book

Author/Creator:

Siems, Mathias M., 1974- author.

Series:

International corporate law and financial market regulation

Language:

English

Subjects (All):

Stockholders--Legal status, laws, etc.

Stockholders.

Stockholders--Legal status, laws, etc--Political aspects.

Stockholders--Legal status, laws, etc--Economic aspects.

Stock ownership--Law and legislation.

Stock ownership.

Law--International unification.

Law.

Physical Description:

1 online resource (l, 471 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2008.

System Details:

text file

PDF

Summary:

On the one hand, it can be argued that the increasing economic and political interdependence of countries has led to the convergence of national legal systems. On the other hand, advocates of the counterhypothesis maintain that this development is both unrealistic and unnecessary. Mathias Siems examines the company law of the UK, the USA, Germany, France, Japan and China to see how this issue affects shareholder law. The author subsequently analyses economic and political factors which may or may not lead to convergence, and assesses the extent of this development. Convergence of Shareholder Law not only provides a thorough comparative legal analysis but also shows how company law interconnects with political forces and economic development and helps in evaluating whether harmonisation and shareholder protection should be enhanced.

Contents:

Part I The object and course of the investigation

1 Dimensions of convergence in shareholder law 7

I The spatial dimension: the legal systems covered 7

II The objective dimension: the shareholder of a joint stock company 10

III The temporal dimension 17

IV The methodological dimension 23

Part II The status quo of convergence

2 Legal bases 31

I International and regional law 31

II Statute law and case law 34

III Company and securities law 37

IV Self-regulation and state regulation 45

3 Bases for a shareholder typology 60

I The shareholder in the theoretical debate 60

II Real types of shareholder 64

4 The 'shareholder as such' 68

I The profit-oriented shareholder 68

II The active shareholder 87

III The informed shareholder 120

IV The anonymous shareholder 136

5 The shareholder in the power structure of the company 149

I The deciding shareholder 150

II The protected shareholder 174

III The litigating shareholder 210

I Divergence and convergence 224

II Globalization and Americanization 226

III Convergence and artificial convergence 228

Part III Developmental trends and patterns

7 Bases 231

I The dependency of shareholder law 231

II Regulatory levels of shareholder law 239

III Regulatory forms at the national level 244

8 Convergence through congruence 250

I General cultural and economic-policy approximation 250

II The convergence of legal cultures 255

III Internationalization of the economy 263

IV Approximation of shareholder structures 277

V Legislative responses 290

9 Convergence through pressure 297

I Pressure from company founders 297

II Pressure from management 307

III Pressure from shareholders 310

IV Pressure from other interest groups 314

V Pressure from international organizations and foreign states 316

VI Legislative responses 317

10 Future convergences in shareholder law 336

I The 'shareholder as such' 336

II The shareholder in the power structure of the company 353

I Re-regulation 366

II Convergence forces 367

III Changes in future law 368

12 Convergence as a model for the future 373

I Convergence 'from above' 373

II Convergence 'from below' 381

III The object of convergence in shareholder law 391.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511494826

Access Restriction:

Restricted for use by site license.