Capitalmarkets in the AgeKluwer 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 |