RECENT DEVELOPMENTS IN EUROPEAN COMPANY AND BUSINESS LAW

[Company Law, Business Law and Capital Markets Law in Europe are widely influenced by a multitude of regulations and directives as well as by the case-law of the European Court of Justice. There have already been nu- merous cases in which the ECJ gave fresh impetus to several developments which were slowed down before by specific statutory provisions of individual Member States. The most recent reason for a special focus on the up-to-date developments are the prevailing dynamics in EU-wide harmonization of law in general and in particular the Action Plan on “Modernising Company Law and Enhancing Corporate Governance in the EU” presented by the Euro- pean Commission.]

Board Diversity or Gender Diversity? Perspectives from Europe, Australia and South Africa

Board diversity has been a hot topic for several years. However, it is only in recent years that pertinent questions have been asked about what is actually meant by board diversity and what would constitute a board with an ideal diversity. In the past the debate on board diversity has always been dominated by the lack, or very low numbers, of females on boards. This has been a fact in most countries with sophisticated corporate law and corporate governance systems in place. The issue of female representation on boards still dominates the board diversity debate, but other forms of diversity, including age, cultural, nationality and race have also become part of the debate. The quest is to find answers to questions like whether a diversified board would be better, and whether diversified boards will ensure a better return for investors; in other words, whether there is a ‘business case’ to be made out to have diversity on a board. Many studies have been done, but the answer is still evasive. This is not totally unexpected as the criteria used for these studies differ and the circumstances and complexities of business are such that a final conclusion will probably never be reached. In this article we focus on the board diversity debate in Europe, Australia and South Africa – three completely different parts of the world. In addition we devote Part V to put the topic of board diversity in a broader context, but paying particular attention to gender diversity

German corporate governance in international and European context

The main aim with this book is to provide English speaking readers with a comprehensive overview of the German corporate governance model. The authors introduce the reader to the unique features of the German Business and Enterprise Law. The book deals with the most important company organs, namely the General Meeting, the Management Board and the Supervisory Board. The unique interplay among these organs are also covered and the reader is introduced to the particular dynamics of the German two-tier board structure.Further the authors deal with the dominant role of the &quot;German banks&quot; and new players in the German financial markets, focusing particularly on voting rights of these institutions at companies\u27 general meetings and appointing members to companies\u27 supervisory boards. Accounting is shown as the documentary proof of good corporate governance. The final chapter gives an overview of corporate governance in the European Union, the OECD Principles of Corporate Governance and corporate governance in the US, the UK and Australia. <br /