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The Derivative Action in Asia

The Derivative Action in Asia Author Dan W. Puchniak
ISBN-10 9781107012271
Release 2012-06-28
Pages 452
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This in-depth comparative examination of the derivative action in Asia provides a framework for analysing its function, history and practical application and examines in detail how derivative actions law works in practice in seven important Asian jurisdictions (China, Hong Kong, India, Japan, Korea, Taiwan and Singapore). These case studies allow an evaluation of a number of the leading Western comparative corporate law and governance theories which have come to define the field over the last decade. By debunking some of these critically important theories, this book lays the foundation for an accurate understanding of the derivative action in Asia and a re-examination of the regulation of the derivative action around the world.



Research Handbook on Directors Duties

Research Handbook on Directors    Duties Author Adolfo Paolini
ISBN-10 9781781004418
Release 2014-11-28
Pages 384
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øThe 2008 financial crisis brought increased scrutiny to the ways in which the directors of the world�s major financial institutions handle their duties and how they impact investors, shareholders and consumers. In this comprehensive Handbook, leading



Independent Directors in Asia

Independent Directors in Asia Author Dan W. Puchniak
ISBN-10 9781316843857
Release 2017-10-31
Pages
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The rise of the independent director in Asia is an issue of global consequence that has been largely overlooked until recently. Less than two decades ago, independent directors were oddities in Asia's boardrooms. Today, they are ubiquitous. Independent Directors in Asia undertakes the first detailed analysis of this phenomenon. It provides in-depth historical, contextual and comparative perspectives on the law and practice of independent directors in seven core Asian jurisdictions (China, Hong Kong, India, Japan, Singapore, South Korea, Taiwan) and Australia. These case studies reveal the varieties of independent directors in Asia, none of which conform to its original American concept. The authors develop a taxonomy of these varieties, which provides a powerful analytical tool for more accurately understanding and effectively researching independent directors in Asia. This new approach challenges foundational aspects of comparative corporate governance practice and suggests a new path for comparative corporate governance scholarship and reform.



Routledge Handbook of Corporate Law

Routledge Handbook of Corporate Law Author Roman Tomasic
ISBN-10 9781317662174
Release 2016-11-10
Pages 285
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The Routledge Handbook of Corporate Law provides an accessible overview of current research in the field, from an international and comparative perspective. In recent years there has been an explosion of corporate law research, as this area of law continues to develop rapidly throughout the world. Traditionally, Anglo–American corporate law theory has dominated debates and publications; however, this handbook readdresses the balance by exploring the treatment of corporate law in both Europe and Asia, as well developments in the US and UK. Bringing together a wide range of key thinkers in the field, this volume is divided into three main parts: Thinking about corporate law Corporate law principles and governance Some cross-cultural comparisons Providing up-to-date and authoritative articles covering all the key aspects of corporate law, this reference work is essential reading for advanced students, scholars and practitioners in the field.



Institutions and Economic Growth in Asia

Institutions and Economic Growth in Asia Author Flora Huang
ISBN-10 9781315516110
Release 2018-03-20
Pages 328
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This book explores the role of institutions in economic growth, looking in particular at specific Asian countries and at particular cities within those countries. It considers a wide range of factors besides institutions, including the law, cultural factors and overall government arrangements. The differences between the countries studied are highlighted, and the impact of these differences assessed: the impact of English common law on arrangements in Hong Kong, Singapore and Malaysia; sharia law in Malaysia; the differing lengths of time of colonial rule; the extent to which Chinese family businesses control an economy. Also studied are the degree to which the law is effectively applied, and a range of other social, economic and cultural factors. The book’s conclusions as to which factors have the greatest impact will be of considerable interest to economists of Asia and those interested in economic growth more widely.



The Foundations and Future of Financial Regulation

The Foundations and Future of Financial Regulation Author Mads Andenas
ISBN-10 9781135043377
Release 2013-11-20
Pages 544
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Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective. The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance. This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.



Collateral Knowledge

Collateral Knowledge Author Annelise Riles
ISBN-10 9780226719337
Release 2011-05-01
Pages 295
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Who are the agents of financial regulation? Is good (or bad) financial governance merely the work of legislators and regulators? Here Annelise Riles argues that financial governance is made not just through top-down laws and policies but also through the daily use of mundane legal techniques such as collateral by a variety of secondary agents, from legal technicians and retail investors to financiers and academics and even computerized trading programs. Drawing upon her ten years of ethnographic fieldwork in the Japanese derivatives market, Riles explores the uses of collateral in the financial markets as a regulatory device for stabilizing market transactions. How collateral operates, Riles suggests, is paradigmatic of a class of low-profile, mundane, but indispensable activities and practices that are all too often ignored as we think about how markets should work and be governed. Riles seeks to democratize our understanding of legal techniques, and demonstrate how these day-to-day private actions can be reformed to produce more effective forms of market regulation.



Enforcement of Corporate and Securities Law

Enforcement of Corporate and Securities Law Author Robin Hui Huang
ISBN-10 9781107164994
Release 2017-06-30
Pages 490
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This book is the first of its kind in focusing on the enforcement of corporate and securities laws, both public and private, a relatively understudied but critically important issue for the development and health of global capital markets. The book has a special focus on the young system coming into being in the People's Republic of China (PRC), but also examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective. This single volume assembles a veritable 'dream team' of contributors who are amongst the very best scholars and legal specialists in the many national jurisdictions covered in the book. Hence, it is of significant value to corporate and securities regulators, judicial officials, prosecutors, litigation specialists, corporate counsel, legal and economic policymakers, scholars, think tanks, students, and investors alike.



Financial Market Regulation and Reforms in Emerging Markets

Financial Market Regulation and Reforms in Emerging Markets Author Masahiro Kawai
ISBN-10 0815704909
Release 2011-05-01
Pages 423
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The rapid spread and far-reaching impact of the global financial crisis have highlighted the need for strengthening financial systems in advanced economies and emerging markets. Emerging markets face particular challenges in developing their nascent financial systems and making them resilient to domestic and external shocks. Financial reforms are critical to these economies as they pursue programs of high and sustainable growth. In this timely volume Masahiro Kawai, Eswar Prasad, and their contributors offer a systematic overview of recent developments in—and the latest thinking about—regulatory frameworks in both advanced countries and emerging markets. Their analyses and observations clearly point out the challenges to improving regulation, efficiency of markets, and access to the fi nancial system. Policymakers and financial managers in emerging markets are struggling to learn from the crisis and will need to grapple with some key questions as they restructure and reform their financial markets: • What lessons does the global financial crisis of 2007–09 offer for the establishment of efficient and flexible regulatory structures? • How can policymakers develop broader financial markets while managing the associated risks? • How—or should—they make the formal financial system more accessible to more people? • How might they best contend with multinational financial institutions? This book is an important step in getting a better grasp of these issues and making progress toward solutions that strike a balance between promoting financial market development and efficiency on the one hand, and ensuring financial stability on the other.



Company Law in China

Company Law in China Author Jiang Yu Wang
ISBN-10 9781849805735
Release 2014-04-25
Pages 416
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This accessible book offer a comprehensive and critical introduction to the law on business organizations in the People�s Republic of China. The coverage focuses on the 2005-adopted PRC Company Law and the most recent legislative and regulatory develop



Transforming Corporate Governance in East Asia

Transforming Corporate Governance in East Asia Author Curtis Milhaupt
ISBN-10 9781134106158
Release 2008-08-18
Pages 352
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Over the past ten years, the corporate governance environment in East Asia has undergone a significant transformation. The Asian Financial crisis, together with Japan’s long economic malaise, undermined confidence in the corporate structures, governance practices, and regulatory oversight of firms in the region. Since that time, each of the countries in the region has been a hotbed of legislative, judicial, and market activity in the realm of corporate governance. This book takes stock of the most important recent corporate governance changes in the region and the challenges still to be overcome. The contributors pursue this objective, not by describing laundry lists of legal reforms and problems, but by focused in-depth legal analysis on specific issues facing the separate systems in the wake of - sometimes in spite of - the voluminous reforms and market changes of the past decade. Written by the leading corporate law scholars and policy advisors in East Asia and some of the most renowned scholars of comparative corporate governance in the United States, the papers are methodologically united in their careful attention to the impact, and limitations, of legal reforms on corporate governance in East Asia today.



Governance of Global Financial Markets

Governance of Global Financial Markets Author Emilios Avgouleas
ISBN-10 9780521762663
Release 2012-04-26
Pages 477
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Analyses governance structures for international finance, evaluates current regulatory reforms and proposes a new governance system for global financial markets.



Company Law in East Asia

Company Law in East Asia Author Roman Tomasic
ISBN-10 1855219654
Release 1999
Pages 708
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As company law in many parts of Asia experiences dramatic change, there has never been a more vital time to stay fully informed of the operation of company law in Asian countries. This book provides a definitive 'one stop' overview of company law in East Asia. Its comparative focus on practical and policy related insights, compiled by experts in their field, makes this book an essential reference tool for all those seeking better legal knowledge of this region.



The Foundations of Anglo American Corporate Fiduciary Law

The Foundations of Anglo American Corporate Fiduciary Law Author David Kershaw
ISBN-10 1107092337
Release 2018-06-30
Pages 488
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This book explores the foundations and evolution of modern corporate fiduciary law in the United States and the United Kingdom. Today US and UK fiduciary law provide very different approaches to the regulation of directorial behaviour. However, as the book shows, the law in both jurisdictions borrowed from the same sources in eighteenth- and nineteenth-century English fiduciary and commercial law. The book identifies the shared legal foundations and authorities and explores the drivers of corporate fiduciary law's contemporary divergence. In so doing it challenges the prevailing accounts of corporate legal change and stability in the US and the UK.



Global Markets Domestic Institutions

Global Markets  Domestic Institutions Author Curtis J. Milhaupt
ISBN-10 9780231501767
Release 2012-08-21
Pages 584
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Markets for capital, products, and managerial talent are expanding rapidly across national borders, yet domestic laws and practices have never had greater impact on corporate structures and cross-border deals. Investors pursuing high returns and diversification, entrepreneurs seeking capital, and managers endeavoring to restructure troubled enterprises now routinely face transaction counter-parties who operate within different legal and political systems, and who rank social priorities quite differently. This dynamic tension between global markets and domestic institutions fuels the debate on corporate governance reform now raging in virtually every region of the world. It also frames the intellectual agenda of the distinguished contributors to this volume, who examine such issues as the possible convergence of corporate governance practices around the world, national variations in the quality of corporate law, and the fiduciary responsibilities corporate managers around the world owe to their shareholders. Among the book’s many insights is the contention that "globalization" and "global markets" are misleading terms, because they mask the local quality of much of the activity occurring within those rubrics. Case studies focus on France, Germany, Italy, Japan, Korea, Taiwan, and the transition economies of Eastern Europe.



Restructuring Regulation and Financial Institutions

Restructuring Regulation and Financial Institutions Author James R. Barth
ISBN-10 0792373642
Release 2001-08-31
Pages 484
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Policy makers around the globe will find that Restructuring Regulation and Financial Institutions offers a cogent assessment of the contemporary regulatory environment in the U.S. financial markets, and a blueprint for action in evolving global financial markets. Financial markets are among the most highly-regulated markets in the world. Nevertheless, financial crises still occur, witness the U.S. savings-and-loan fiasco of the late 1980s and early 1990s, and the Mexican and East Asian Financial implosions of 1994 and 1997. What role does regulation play in stabilizing-or-destabilizing financial markets? Restructuring Regulation and Financial Institutions answers this question with incisive analysis of financial market regulation in the United States. Each paper considers how regulation enhances or impedes the efficiency of a particular financial sector, and is followed by comments by two or three noted experts. The result of this approach is a wealth of useful information that may be applied by policy makers contemplating the restructuring of regulations and financial institutions. The contributors to this volume are distinguished economists, many of whom have careers not just in business, government, or academia, but have held influential positions in all three. Such varied backgrounds enable the contributors to offer remarkable insights based on the best of theory and practice. Never before has understanding the workings of U.S. financial market regulation been so important to the development of world financial markets. The ramifications of financial regulation in the United States extend far beyond the nation's borders. World financial markets are undergoing dramatic change, driven by the rapid development and deployment of new technology that enables information-and money-to travel farther, faster. However, a Byzantine array of regulatory structures in the international arena hinders the development of efficient global financial markets. Policy makers around the world are attempting to address the issues by emulating the financial markets of the United States.



Reforming Corporate Governance in Southeast Asia

Reforming Corporate Governance in Southeast Asia Author Khai Leong Ho
ISBN-10 9812302913
Release 2005
Pages 387
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This multi-disciplinary volume provides a critical examination of corporate governance reform in Southeast Asia especially after the Asian financial crisis in 1997. The weaknesses in the corporate sector, such as poor investment structure, weak legal and accounting systems, faulty financial practices, and questionable political interventions, are some of the pertinent issues raised by the authors, who include legal specialists, corporate practitioners, economists, and political scientists. Policy measures to improve corporate transparency, institutional accountability, and fiscal prudence are also proposed. The volume provides interested readers and policy-makers in Southeast Asia with the most current research and policy options on corporate governance reform, and advocates more committed and effective governance changes in the future.