Journal ArticleDOI
Protection of Minority Shareholders, Investors and Creditors in Corporate Groups: the Strengths and Weaknesses of German Corporate Group Law
TLDR
German corporate group law (or rather, to be more precise, the German Recht der verbundenen Unternehmen, i.e., the law of affiliated companies, §§ 15 ff., 291 ff. as mentioned in this paper ) owes its existence to special concerns of the German legislature at the end of the 1950s and the beginning of the 1960s regarding the ability to protect the interests of outsiders in group-dependent marketable share companies.Citations
More filters
Journal ArticleDOI
Director's Duties in Groups of Companies – Legalizing the Interest of the Group at the European Level
TL;DR: The European Commission's Action Plan of the European Commission of December 2012 on European company law and corporate governance as discussed by the authors mentioned that the Commission will, in 2014, come with an initiative to improve both the information available on groups and recognition of the concept of group interest.
Journal ArticleDOI
Corporate Groups: Corporate Law, Private Contracting and Equal Ownership
TL;DR: In this article, the authors provide a simple and general framework that explains the nature of groups, their corporate governance problems and their ownership structures as the result of the double nature of the controlling shareholders in the group as both shareholder and stakeholder of the subsidiary.
Journal ArticleDOI
The Liability of Multi-national Corporations for the Torts of Their Subsidiaries
TL;DR: In this article, the authors discuss the liability of multi-national corporations for the acts or defaults of their subsidiaries and the question is: when can liability for such acts and defaults be sheeted home to the parent corporation?
Journal ArticleDOI
Abuse of Protected Position? Minority Shareholdings and Restriction of Markets' Competitiveness in the European Union
TL;DR: In this paper, it is argued that participation in companies' equity, even when it does not grant control over the same companies, can in particular circumstances generate effects restrictive of competition.
Journal ArticleDOI
Germany's Reluctance to Regulate Related Party Transactions
TL;DR: In this article, the authors argue that the consumption of private benefits in related party transactions by these key agents can be understood as a compensation for their coordinating and monitoring function in Germany Inc.