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Abstract Corporate governance and creditor protection are core issues of today's company law. A major playing field in this respect is the law of corporate groups. The High Level Group has, in pursuance of the Forum Europaeum Konzernrecht, proposed to facilitate corporate groups while...
Abstract The judgment of the European Court of Justice in Eurofood IFSC Ltd., C-341/04, explores several key provisions of the European Insolvency Regulation (Council Regulation (EC) No. 1346/2000 of 29 May 2000 on insolvency proceedings), notably Articles 3(1), 16(1) and 26. The Court...
Abstract The reform of Italian joint stock company law (legislative decree no. 6 of 17 January 2003) introduced regulation of the activity of management and co-ordination (articles 2497–2497 septies Italian Civil Code (ICC)), applicable to groups of companies and businesses. The Report which...
Abstract The use of stock as acquisition currency entails the risk that the price of the acquirer's stock fluctuates significantly between the announcement and the closing of the deal, or even after the deal closes. A collar, setting a fixed value which pinpoints the exchange ratio at closing,...
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