Shareholder Protection in Close Corporations
Theory, Operation, and Application of Shareholder Withdrawal
Series: International Corporate Law and Financial Market Regulation;
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47 297 Ft
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Product details:
- Publisher Cambridge University Press
- Date of Publication 29 September 2022
- ISBN 9781108496667
- Binding Hardback
- No. of pages426 pages
- Size 235x157x28 mm
- Weight 760 g
- Language English 291
Categories
Short description:
Comparative study of withdrawal remedies in four jurisdictions to offer solutions to shareholder conflicts in small and medium enterprises.
MoreLong description:
Close corporations, which are legal forms popular with small and medium enterprises, are crucial to every major economy's private sector. However, unlike their 'public' corporation counterparts, close corporation minority shareholders have limited exit options, and are structurally vulnerable in conflicts with majority or controlling shareholders. 'Withdrawal remedies'-legal mechanisms enabling aggrieved shareholders to exit companies with monetary claims-are potent minority shareholder protection mechanisms. This book critically examines the theory and operation of withdrawal remedies in four jurisdictions: the United States, the United Kingdom, Germany, and Japan. Developing and applying a theoretical and comparative framework to the analysis of these jurisdictions' withdrawal remedies, this book proposes a model withdrawal remedy that is potentially applicable to any jurisdiction. With its international, functional, and comparative analysis of withdrawal remedies, it challenges preconceptions about shareholder remedies and offers a methodology for comparative corporate law in both scholarship and practice.
'This remarkable book is comparative corporate law at its best. Alan Koh combines a thorough analysis of four key jurisdictions with high-level theory and a legislative proposal. The book reveals surprising similarities and differences across countries whose closely-held business structures have very different legal and historical roots.' Martin Gelter, Professor of Law, Fordham University School of Law
Table of Contents:
1. Introduction; Part I. Theory: 2. The concept of withdrawal; Part II. Operation: 3. Withdrawal in comparative perspective; 4. Germany; 5. The United Kingdom; 6. The United States; 7. Japan; Part III. Application: 8. A model withdrawal remedy; Part IV. Conclusion: 9. Conclusions, contributions, and applications; Bibliography; Index.
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