Despite a clear distinction in law between equity and debt, the results of such a categorization can be misleading. The growth of financial innovation in recent decades necessitates the allocation of control and cash-flow rights in a way that diverges from the classic understanding. Some of the financial instruments issued by companies, so-called hybrid instruments, fall into a grey area between debt and equity, forcing regulators to look beyond the legal form of an instrument to its practical s [ ... ]
Conflicts of Interest presents the results of a two-year-long research project bringing together academics and practitioners in both law and finance from Europe and the US under the auspices of the Centre for Banking and Financial Law of the University of Geneva. This book discusses the following issues:
• the duty of loyalty
• remedies, such as disclosure, incentives, organizational measures
• regulation and enforcement
• market considerations [ ... ]
This very useful volume collects, for the first time in one source, all important international and regional legal instruments relating to insolvency of companies, financial institutions, and consumers, as well as to corporate rescue law.
In addition to reproducing the complete texts of these instruments, the editor provides insightful commentary covering such important matters as the following:
• key issues of each text
• expected amendments and revisions
• comparative analys [ ... ]
The Third Edition of this well-known book comes only four years after the Second Edition because so much has happened in Europe and the world since 2009 that reviewing international economic and financial issues is certainly appropriate. Along with the world crisis, the European monetary crisis has also highlighted the shortcomings in the European structure that seems incapable, in its present complexity, of resolving the apparently intractable problems it confronts. This book’s highly res [ ... ]
