Resources This book is available in Oxford Scholarship Online - view abstracts and keywords at book and chapter level.
Related Categories
|
|
|
The Governance of Close Corporations and Partnerships
US and European Perspectives
Edited by Joseph A. McCahery, Theo Raaijmakers, and Erik P. M. Vermeulen
488 pages
|
1 map
|
234x156mm
978-0-19-926435-3
|
Hardback
|
11 March 2004
|
|
This item is printed to order. Items which are printed to order are normally despatched and charged within 5-10 days.
|
|
|
- The first collection that critically evaluates the results of US experimentation in developing new partnership statutes responsive to the needs of small and medium-sized enterprises
- Examines the efficiency and effectiveness of business organization law in supplying a full range of forms to meet the needs of all types of firms
This 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.Readership: Students studying corporate or company law (upper levels); graduate
students in LLM programs; legal academics. Practitioners in the US and UK may have an interest in reading the paper by law reformers.
|
|
|
Edited by Joseph A. McCahery, Professor of International Business Law, Tilburg University and Research Fellow, Tilburg Center for Law and Economics, Theo Raaijmakers, Professor of Corporate Law, Tilburg University, and Erik P. M. Vermeulen, Center for Company Law, Tilburg University Contributors:
John Armour
William J. Callison
Deborah H. DeMott
Claire Moore Dickerson
Robert Drury
Peter Essers
Judith Freedman
Henry Hansmann
Reinier Kraakman
Joseph A. McCahery
Geoffrey Morse
Gerard
Meussen
Theo Raaijmakers
Larry E. Ribstein
Edward B. Rock
Erik P.M. Vermeulen
Allan Walker Vestal
Michael L. Wachter
Donald J. Weidner
Michael J. Whincop
|
|
|
"...insightful and lucid collection of papers. Overall, the collection provides an invaluable and authoritative perspective on how to approach law, reform, and the risks of legal intervention, in the complex context of the small firm." - European Business Organization Review (EBOR) "McCahery, Raaijmakers and Vermeulen are well-established scholars in the field of corporate governance and their recent edited text The Governance of Close Corporations and Partnerships is therefore to be welcomed ... the text provides a valuable resource of both theoretical and practical perspectives on the organisation of small business in the US, EU and UK." - Corporate Governance: An International Review
|
|
|
I. INTRODUCTION
Joseph A. McCahery: COMPARATIVE PERSPECTIVES ON THE EVOLUTION OF THE UNINCORPORATED FIRM
II. THEORY: PARTNERSHIP AND CLOSE CORPORATION LAW
Henry Hansmann and Reinier Kraakman: THE ESSENTIAL ROLE OF ORGANIZATIONAL LAW
John Armour and Michael J. Whincop: AN ECONOMIC ANALYSIS OF SHARED PROPERTY IN PARTNERSHIP AND CLOSE CORPORATIONS LAW
Edward B. Rock and Michael L. Wachter: MATCH-SPECIFIC ASSETS AND MINORITY OPPRESSION IN THE CLOSE CORPORATION
Claire Moore Dickerson: BRACKETED FLEXIBILITY: STANDARDS OF PERFORMANCE LEVEL THE PLAYING FIELD
III. EVOLUTION OF PARTNERSHIP AND CLOSE CORPORATION LAW
Larry E. Ribstein: THE EVOLVING PARTNERSHIP
William J. Callison: FEDERAL TAX LAW AND THE LIMITED LIABILITY MOVEMENT
Joseph A. McCahery and Erik P.M. Vermeulen: THE EVOLUTION OF CLOSELY HELD BUSINESS FORMS IN EUROPE
Deborah H. DeMott: TRANSATLANTIC PERSPECTIVES ON PARTNERSHIP LAW: RISK AND STABILITY
IV. LEGISLATIVE REFORM INITIATIVES: THE UNITED KINGDOM, THE UNITED STATES, AND THE EUROPEAN UNION
Judith Freedman: LIMITED LIABILITY PARTNERSHIPS IN THE UK: DO THEY HAVE A ROLE FOR SMALL BUSINESS
Geoffrey Morse: PARTNERSHIP LAW REFORM IN THE UK
Allan Walker Vestal: THE FAILED UNITED STATES EXPERIMENT IN UNINCORPORATED BUSINESS ENTITY REFORM
Donald J. Weidner: PITFALLS IN PARTNERSHIP LAW REFORM: THE UNITED STATES EXPERIENCE
Robert Drury: THE EUROPEAN PRIVATE COMPANY
Theo Raaijmakers: REFORMS IN DUTCH PARTNERSHIP LAW
Peter Essers and Gerard Meussen: THE TAXATION OF HYBRID ENTITIES IN EUROPE
|
|
|
|
|
|
|
|
|
The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
|
|
