The Governance of Close Corporations and Partnerships
US and European Perspectives
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Governance of Close Corporations and Partnerships by Joseph A. McCahery
Book DescriptionThis volume focuses upon the processes by which new business organization forms have developed in the US, UK, and continental Europe. Part I addresses the theoretical developments in partnership and close corporation law. In Part II, the contributors offer insights into the forces shaping the evolution of partnership-type business forms in the US, UK, and several European jurisdictions, and Part III provides detailed analyses of the Limited Liability Company (LLC), Limited Liability Partnership (LLP), the European Private Company, and the Dutch partnership form. The debate on the design of business organization forms adapted to meet the current needs of a range of closely held firms has gained momentum amid the continuing pressures to supply the most competitive business form for small and medium-sized enterprises (SMEs). Which economic and political forces are responsible for the emergence of new limited liability forms for SMEs? Over the last decade this question has often been addressed, as corporate law scholars, practitioners, and policymakers have increasingly directed their attention towards introducing partnership-type business forms. In the US, states have incentives to take a proactive attitude towards legislative innovations in the field of business organization law, so as to capture and retain closely held firms. In recent years, a rapid succession of statutory innovations of partnership forms (such as the introduction of the LLC and rapid adoption of the LLP) have transformed business organization law. Similar processes can also be identified in the UK and continental Europe. While the EC has pursued the harmonization of the law of public corporations, there has been no real attempt to adopt a series of similar measures for the benefit of closely held firms. A group of European business leaders and experts, however, have drafted recently a business organization statute appropriate for SMEs engaged in cross-border business.
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Book DetailsISBN: 9780199264353
(242mm x 162mm x 29mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 11-Mar-2004
Country of Publication: United Kingdom
Books By Author Joseph A. McCahery
Institutional Investor Activism, Paperback (September 2015)
Over the past two decades, activist investors have begun to play an increasingly important role in corporate governance around the world. This book analyses the impact of activists on the companies that they invest, the effects on shareholders and on activists funds themselves.
Corporate Governance of Non-listed Companies, Paperback (September 2010)
Most small firms, and in many countries, even large companies, are not publicly listed. This book provides a comprehensive account of non-listed businesses and their particular governance problems. It explores current discussions and reforms in Europe, the United States, and Asia providing a state of the art account of the law and the economics.
Corporate Governance of Non Listed Companies, Hardback (March 2008)
Closely held companies (those with the potential to go public, family firms, partnerships and private equity) have particular governance problems. This book examines what constitutes good governance in these companies, how control is gained, and how the closely held firm can to stimulate growth and extend innovation.
After Enron, Paperback (November 2006)» View all books by Joseph A. McCahery
This collection of essays comprehensively analyses what happened to cause the Enron crisis and what has been done in response to it.
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Author Biography - Joseph A. McCahery
Dr. Erik P.M. Vermeulen is at the Center for Company Law, Tilburg University
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