Capitalmarkets in the Age

Front Cover
Kluwer Law International B.V., 2002 M03 28 - 607 pages
The integration of European--indeed, global--capital markets has been under way for quite some time. However, the adoption of the single European currency crystallises the process, solving many old problems at the same time as it creates new challenges.

In this wide-ranging book, 28 notable practitioners and academics--including economists, regulators, and lawyers--pool their prodigious resources to analyse the current and future issues affecting investment, conduct of business rules, stock exchanges, trading, and company law.

Originally designed as a research project, this finished work was developed from individual research and first drafts through group discussion to a final interconnected achievement. Since the authors met at a conference in Genoa in November 2000 on the initiative of four major European law faculties, a number of pertinent regulatory developments have taken place, notably the Lamfalussy Report and the adoption of various proposals by the European Commission. Analysis of the impact of such recent and ongoing events has been incorporated into this final text.

Among other significant matters affecting capital markets, the authors discuss the following:

conflict of laws issues; on-line trading; clearing and settlement systems; takeovers; and relevant soft law.

As an authoritative guide to the likely development of investment practices, regulatory measures, and financial and company law in the coming years, this volume is unmatched for its penetrating analysis and prognosis. No investor, company lawyer, or regulator can afford to leave it unexamined.

 

Contents

Financial services and the internal market
3
an uneasy relationship
17
Conduct of business rules and their implementation
65
The sophisticated investor and the ISD
101
Conduct of business rules and collective investment schemes
115
Trading online and the protection of the consumer
129
Is the ECommerce Directive the best solution to achieving
141
Jurisdiction conflicts of law and the Internet
153
evidence
297
Internationalisation of primary public securities
305
25 questions to consider
315
The European Directive of 19 May 1998 on settlement
361
The duties of the directors of the target company in hostile
391
Takeovers and conflicts of law
427
The 13th Directive on takeover bids formation
441
The use of ICT in company law matters
469

the case of financial exchanges
173
Different stock exchange interest groups
193
Is governance an issue for plumbers? Preliminary
217
Securities regulation and the rise of panEuropean
241
Regulatory implications of an exchange merger
289
Centros and the proper law of companies
503
The Centros case and the rise of an EC market
529
Regulatory competition in European company law
561
Index
597
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