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This paper surveys the potential impact of importing shareholder-oriented takeover regulation into jurisdictions like Germany and France that have a more social market tradition. It examines the controversy within the EU on the shareholder orientation of the EU takeovers directive, and in order...
The following is adapted from a legal affidavit provided by the author to counsel with respect to current legal proceedings involving a major North American corporation, in which the author was asked as an independent expert to assess the adequacy of certain corporate governance reform efforts....
Banking managers, chief financial officers , and politicians are increasingly voicing their concerns about the ‘excessive’ burden imposed by compliance with Sarbanes–Oxley (SOX) Act, Bank Secrecy Act/Anti-Money Laundering (BSA/AML), and Interagency Supervisory guidance on operational risk...
The purpose of this paper is to explore the possibilities and merits of offering shareholders an equity instrument (new class of common shares) designed to protect their investments from managerial opportunism. To this end, we propose a special class of shares, the Shareholders' Defensive...
This paper examines the forces that are shaping and changing the environment within which business reporting takes place. The starting point of our analysis is the perspective that if the financial reporting system was being built from scratch today, it would look very different, taking into...
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