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The fourth edition of the leading company law textbook, provides the most authoritative and comprehensive commentary on Irish company law following the commencement of the Companies Act 2014. The Companies Act 2014 makes the most far-reaching and fundamental changes to Irish company law in two generations, putting forward a radically different approach whereby the private company limited by shares will become the new model company. The structure of the fourth edition of this highly regarded title mirrors this new Act. The Act comprises over 1,448 Parts and represents the modern statement of the law applicable to the formation of companies, administration and management to their winding up and dissolution, incorporating the rights and duties of their officers, members and creditors. The Act commences on 1 June 2015 and introduces significant changes for companies operating in Ireland. This work has been expanded and revised to account for these legislative changes and important case law. As chairperson of the Company Law Review Group, whose recommendations greatly informed the new Act and as a leading practitioner of company law, Tom Courtney has a unique insight to the new legislation, its purpose and interpretation.The fourth edition is virtually a complete re-write and at approximately 2,900 pages it is some 400 pages longer than the last edition. Fully updated to take account of the dozens of judgments from the Irish and UK courts that have been delivered since the previous edition as well as the new statutory provisions, the fourth edition of The Law of Companies is a 'must have' for all practitioners, students and users of Irish company law.
Secured transactions law has been subjected to a close scrutiny over the last two decades. One of the main reasons for this is the importance of availability of credit and the consequent need to reform collateral laws in order to improve access to finance. The ability to give security effectively influences not only the cost of credit but also, in some cases, whether credit will be available at all. This requires rules that are transparent and readily accessible to non-lawyers as well as rules that recognise the needs of small and medium-sized enterprises. This book critically engages with the challenges posed by inefficient secured credit laws. It offers a comparative analysis of the reasons and the needs for a secured transactions law reform, as well as discussion of the steps taken in many common law, civil law and mixed law jurisdictions. The book, written under the auspices of the Secured Transactions Law Reform Project, informs the debate about reform and advances novel arguments written by world renowned experts that will build upon the existing literature, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. The text considers reform initiatives that have taken place up to the end of April 2016. It has not been possible to incorporate events since then into the discussion. However, notable developments include the banks decree passed by the Italian Government on 29th June 2016, and the adoption of the Model Law on Secured Transactions by UNCITRAL on 1st July 2016.
Keane on Company Law, Fifth Edition (previously: Company Law by Justice Ronan Keane) covers the Companies Act 2014 and is essential reading for students, solicitors and barristers alike. This latest edition of Judge Keane's highly regarded text on Irish company law is substantially revised and updated to cover the Companies Act 2014, as amended up to October 2016, and also covers the many developments in the case-law since the fourth edition was published in 2006. Hardly any aspect of company law is left untouched in some way by the 2014 Act. The Act not only repeals the prior Companies Acts and replaces them with a consolidated code, but also introduces many innovations designed to make companies more accessible to those doing business, and to streamline corporate compliance and procedures. The Act creates two new forms of private company: the private company limited by shares (LTD), which enjoys concessions not previously available to private companies, and the designated activity company (DAC) which more closely resembles to private company known under the former legislation. It also overhauls the requirements relating to other forms of company, namely PLCs, guarantee companies (CLGs) and unlimited companies, while also clarifying and extending the obligations of external companies which operate in Ireland. Among the key changes are the effective abolition of the ultra vires rule, which has applied to all companies up to now, and changes in the requirements relating to the constitutions of companies. The Act also changes the rules regarding company capital, and makes significant changes to the law concerning: the registration of company charges; the conduct of windings up; the passing of written resolutions; and the approval of certain transactions which previously were either prohibited or required Court approval, by a new Summary Approval Procedure involving a special resolution combined with an appropriate declaration by the directors, subject to safeguards to prevent improper use. The Act also codifies the previously common-law fiduciary duties of directors, and substantially modifies the regime regarding disclosure and approval of transactions involving directors. The Act also introduces new procedures whereby Irish companies can be merged or divided. Recent amendments to the Act have added further requirements regarding statutory audit and auditors; and impending changes (addressed in this edition) will alter the regime governing annual financial statements and impose filing requirements on unlimited companies. Meanwhile the courts have been busy, particularly in the areas of restriction and disqualification of directors, and examinership, but also notably in the areas of company charges, reservation of title, financial assistance in the purchase of shares, to mention but a few. All these changes to Irish company legislation are covered in this new edition which continues in the accessible and user-friendly but authoritative style for which previous editions have made the work a renowned standard
"This White Paper sets out a range of measures for the proposed Company Law Reform Bill. They have been designed to further four crucial objectives: to enhance shareholder engagement and a long term investment culture; to ensure better regulation and a 'think small first" approach; to make it easier to set up and run a company; and to provide flexibility for the future." -- from the Foreword, p. 3.
The study of white-collar crime remains a central concern for criminologists around the world and research concentrates on its nature, prevalence, causes and responses. However, most books on white-collar crime tend to focus on Anglo-American examples, which is surprising given the amount of rich data and research taking place in mainland Europe. This new handbook seeks to reset the balance and, for the first time, presents an overview of state-of-the-art research on white-collar crime in Europe. Adding to the existing Anglo-American body of knowledge, the Handbook will discuss specific European topics and typical European features of white-collar crime. The Routledge Handbook of White-Collar and Corporate Crime in Europe consists of more than thirty chapters on topics ranging from the Icelandic Banking Crisis, to the origins of the study of white collar crime, to contemporary topics, such as white-collar crime in countries post-transition from communist regimes; the illegal e-waste trade and white-collar crime in professional football. Furthermore, the book contains extensive case study analyses of landmark European cases of white-collar crime. The editors have gathered together the leading voices in the field and a final section offers commentaries on white-collar crime in Europe from eminent criminologists David Friedrichs and Hazel Croall. This Handbook will thus serve as a work of reference for all scholars and students engaged in the study of corporate and white-collar crime and will also set out directions for new research in the future.