International Handbook on Shareholders´ Agreements: Regulation, Practice and Comparative Analysis

Description

Shareholders´ Agreements have a growing influence on the general understanding of corporate law since they bind not only the shareholders but also affect the constitution of the corporation and can have a severe impact on capital markets. Therefore, Shareholders´ Agreements are more and more subject to regulation in corporate, capital market and also insolvency law on the national, the European and the international level. This handbook provides a general examination of conceptual questions of Shareholders´ Agreements and provides an analysis of the regulation of Shareholders´ Agreements in European and international law and of the national law of more than 20 jurisdictions. Readers will get a general understanding of the theoretical and practical problems involved with Shareholders´ Agreements and detailed information on the regulation of Shareholders´ Agreements in several jurisdictions and the applicable law in the case of transnational corporations and cross-border transactions. Increasing practical importance of Shareholders´ Agreements Growing influence of the European legislator First comparative analysis on the market Country reports and draft proposals predominantly by practitioners Foreword Table of Contents Contributors General Remarks Shareholders’ Agreements between Corporate and Contract Law Relationship of Shareholders’ Agreements to the Management of a Company Ratio legis behind the regulation of shareholders’ agreements in the model acts: elimination of the application problems or over-regulation? Cross-border Shareholders’ Agreements and Private International Law Shareholders’ Agreement Arrangement in Pre-insolvency and Insolvency Law Shareholders’ Agreements between the Law of Contract and Competition Law National Reports Austria Belgium Brazil Czech Republic Denmark England and Wales Germany Greece Hungary Israel Italy The Netherlands Poland Romania Slovakia Spain Sweden Switzerland Ukraine United States of America Subject Index