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Optional rather than Mandatory EU Company Law: Framework and Specific Proposals

Author

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  • Hertig Gerard

    (ETH Zurich.)

  • McCahery Joseph A

    (Professor of Corporate Governance and Business Entrepreneurship, University of Amsterdam Faculty of Economics and Econometrics; Goldschmidt Visiting Professor of Corporate Governance at the Solvay Business School (Brussels); Professor of Financial Market Regulation, Tilburg University Faculty of Law.)

Abstract

A significant debate rages within the EU about whether to give firms the choice to opt in or out of corporate law provisions. Both sides agree that more flexibility and adaptability of legal rules to business needs is crucial. Nevertheless, and not surprisingly, many still view EU mandatory harmonization efforts as an opportunity to upgrade Member State corporate law.

Suggested Citation

  • Hertig Gerard & McCahery Joseph A, 2006. "Optional rather than Mandatory EU Company Law: Framework and Specific Proposals," European Company and Financial Law Review, De Gruyter, vol. 3(4), pages 341-362, December.
    • Handle: RePEc:bpj:eucflr:v:3:y:2006:i:4:p:341-362:n:1
    DOI: 10.1515/ECFR.2006.015
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