Corporate Finance Law in the Uk and Eu

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.

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.

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