Law
Issues and Challenges in Corporate and Capital Market Law: Germany and East Asia
Ed. by Holger Fleischer, Hideki Kanda, Kon Sik Kim, and Peter Mülbert
[Themen und Herausforderungen im Gesellschafts- und Kapitalmarktrecht: Deutschland und Ostasien.]
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Published in English.
This volume is based on presentations delivered at a symposium held in March 2016 at the University of Tokyo. It seeks to reinvigorate the scholarly exchange which can be traced back to the late 19th century between company law academics in Germany, China, Japan and South Korea. Contributions from all four jurisdictions include papers on corporate divisions and valuation of shares and its procedure as well as studies on the civil liability of the company and its directors for false financial statements and the corporate law rules on the squeeze-out of minority shareholders.Survey of contents
I. Corporate Divisions (or more generally, Umwandlung)Rüdiger Veil: The German Law on Transformation – Ruoying Chen: Corporate Division: Rules and Practice in China – Hyeok-Joon Rho: Statutory Corporate Divisions in Korea – Koji Funatsu: Creditor Protections in Company Splits in Japan
II. Valuation of Shares and Its Procedure
Lars Klöhn: Exit Rights, Shareholder Compensation and the Valuation of Shares in German Stock Corporation Law – Ok-Rial Song: Valuation of Shares in Korean Corporate Law
III. Civil Liability of the Company and Its Directors when Financial Statements are False
Klaus Ulrich Schmolke: Civil Liability of the Company and Its Directors for False Financial Statements under German Law – Li Guo: General Trends of Misrepresentation Litigation in China – Sunseop Jung: Civil Liability of the Company and Its Directors – Takahito Kato: A Recent Transformation of the Japanese Civil Liability System against Fraudulent Disclosure in Secondary Market
IV. Corporate Law Rules on Squeeze-out of Minority Shareholders
Jens Koch: Corporate Law Rules on Squeeze-out of Minority Shareholders – Jiangyu Wang: Squeeze-out (or the Lack Thereof) in the Regulation of Corporate Mergers in China – Moon Hee Choi: Corporate Law Rules on Squeeze-outs in Korea – Eiji Takahashi: Is the Regime of Japanese Squeeze-out of Minority Shareholders Constitutional?