Corporate Finance Law in the UK and EU

Dan Prentice and Arad Reisberg

A combined practical and theoretical comparison of UK and EU corporate finance law giving unique perspectives and a forward looking approach
Addresses key issues arising from the financial crisis, such as the scope for innovation in legal markets, as well as anticipating issues likely to be of critical importance in the next few years, including regulatory reforms and the impact of higher interest rates on capital markets strategies
Covers issues relating to equity financing, debt financing and European law and policy
Brings together contributions from over 20 international leading academic and practitioner experts in this area

Corporate Finance Law in the UK and EU

Dan Prentice and Arad Reisberg

Description

Combining perspectives from practice, legal theory and doctrinal analysis, this book presents a comprehensive examination of the questions facing the current understanding and future application of corporate finance law, such as the optimal adaptation of regulation in highly dynamic settings and the scope for innovation in legal markets in light of the current debt crisis.

Corporate Finance Law in the UK and EU considers areas of corporate finance that are likely to be of key importance in the next few years including regulatory reforms, which are of present concern. It also addresses timely and important questions such as the impact of higher interest rates on capital markets strategies and how directors should balance the demands for disclosure and transparency with the cost of compliance.

Bringing together contributions from over 20 international leading academic and practitioner experts in this area, this book provides a comparative perspective of equity financing, debt financing, European law and policy, and practical research on how to improve and solve current problems related to corporate finance.

Corporate Finance Law in the UK and EU

Dan Prentice and Arad Reisberg

Part I: Equity financing and capital markets finance
1. The prohibition against financial assistance constructing a rational response, John Lowry
2. The decline of legal capital: an exploration of the consequences of board solvency based capital reductions, David Kershaw
3. Schemes of arrangement, Ceri Bryant
4. Insider dealing after the market abuse directive, Jesper Lau Hansen
5. Short sales regulation in seasoned equity offerings: what are the issues?, Emilios Avgouleas
6. Initial public offers - the supply and demand side perspectives in the legal framework, Iris H-Y Chiu
7. The future role of credit rating agencies in contemporary financial markers - a theoretical perspective, Arad Reisberg
Part II: Debt financing and taxation
8. Contractual aspects of debt financing, Robert Stevens
9. Security, Marcus Smith QC
10. Set-off, netting and alternatives to security, Ian Annetts and Ed Murray
11. Policy issues and reform in debt finance: the reform of the English law of secured transactions in personal property, Andrew McKnight
12. The practitioner's perspective: the Financial Collateral Directive in England, Look Chan Ho
13. The assymetrical treatment of debt and equity finance under UK tax law, John Vella
Part III: European law and policy
14. The EU Financial Services Action Plan and its impact on corporate finance, Harry McVea
15. The impact of increased corporate mobility on corporate lawmaking in the EU and on corporate finance issues, William W. Bratton, Joseph A. McCahery and Erik P.M. Vermeulen
16. Is Volkswagan the new Centros? Free movement of capital's impact on company law, Wolf-Georg Ringe
17. Equivalence-based regulation and EU prospectus law: the shadow regime, Pierre Schammo
18. Legal capital and the EU-treaties, Heriberte Hirte and Alexander Schall

Corporate Finance Law in the UK and EU

Dan Prentice and Arad Reisberg

Author Information

Dan Prentice is a visiting professor at University College London and practices at Erskine Chambers. He is Emeritus Professor of Corporate Law at the University of Oxford and he is a member of the Law Society's Committees on Company Law and Insolvency Law.

Arad Reisberg is a Reader in Corporate and Financial Law at University College London. His research interests are in the field of corporate law, financial law, corporate finance and regulation of financial markets.

Contributors:

Contributors:
John Lowry, University College London
David Kershaw, London School of Economics
Ceri Bryant, Erskine Chambers
Jesper Lau Hansen, University of Copenhagen
Emilios Avgouleas, University of Manchester
Iris Chiu, University College London
Arad Reisberg, University College London
Rob Stevens, University College London
Marcus Smith, Fountain Court Chambers
Ian Annetts, Allen & Overy LLP
Ed Murray, Allen & Overy LLP
Andrew McKnight, Queen Mary, University of London and Salans LLP
Look Chan Ho, Freshfields Bruckhaus Deringer LLP
John Vella, University of Oxford
Harry McVea, University of Bristol
William W. Bratton, Georgetown University
Joseph A. McCahery, Tilburg University
Erik P.M. Vermeulen, Tilburg University
Wolf-Georg Ringe, University of Oxford
Pierre Schammo, University of Manchester
Heribert Hirte, University of Hamburg
Alexander Schall, University of Hamburg

Corporate Finance Law in the UK and EU

Dan Prentice and Arad Reisberg

Reviews and Awards

"This is a text that serves as a more than worthy addition to the literature and will set the benchmarks for future entrants to this field." --Paul J. Omar, International Company and Commercial Law Review