Suchergebnisse

Problematic of Brexit in the Context of Company Law On June 23 of 2016 a referendum of British citizens expressed a support for the United Kingdom withdrawal from the European Union. Despite the fact, this public decision was advisory, it paved the way further for United Kingdom's withdrawal from the European Union. The paper discusses the Court of Justice of the European Union assessment of the United Kingdom unilateral notice of withdrawal. As the formation of a state exit from the European Union is taking place for the first time, many legal issues have arisen, including alternative, 28th legal regime of company law and cross-border mergers between United Kingdom companies and European Union member states companies. This paper examines the theoretical foundations of cross-border mergers in the field of freedom of establishment in national, European and international regulation, taking into account the conditions applicable to reorganization and legislation invoked in European Union, United Kingdom and the Republic of Lithuania. Relevant cases brought before the United Kingdom Supreme Court help to understand how European Union law will be treated in the United Kingdom after Brexit transitional period if one of the parties of the merger or establishment is in a Member State of the European Union. The paper also discusses the 28th alternative legal regime of company law and its post-Brexit status. The aim is to explore the perspectives of the European Union-formed institutes - European Company (SE) and European Economic Interest Grouping (EEIG) in the United Kingdom in the context of state exits. Thus, the paper reviews the prospects of Brexit in the context of cross-border mergers and the 28th alternative legal regime.

Problematic of Brexit in the Context of Company Law On June 23 of 2016 a referendum of British citizens expressed a support for the United Kingdom withdrawal from the European Union. Despite the fact, this public decision was advisory, it paved the way further for United Kingdom's withdrawal from the European Union. The paper discusses the Court of Justice of the European Union assessment of the United Kingdom unilateral notice of withdrawal. As the formation of a state exit from the European Union is taking place for the first time, many legal issues have arisen, including alternative, 28th legal regime of company law and cross-border mergers between United Kingdom companies and European Union member states companies. This paper examines the theoretical foundations of cross-border mergers in the field of freedom of establishment in national, European and international regulation, taking into account the conditions applicable to reorganization and legislation invoked in European Union, United Kingdom and the Republic of Lithuania. Relevant cases brought before the United Kingdom Supreme Court help to understand how European Union law will be treated in the United Kingdom after Brexit transitional period if one of the parties of the merger or establishment is in a Member State of the European Union. The paper also discusses the 28th alternative legal regime of company law and its post-Brexit status. The aim is to explore the perspectives of the European Union-formed institutes - European Company (SE) and European Economic Interest Grouping (EEIG) in the United Kingdom in the context of state exits. Thus, the paper reviews the prospects of Brexit in the context of cross-border mergers and the 28th alternative legal regime.

Problematic of Brexit in the Context of Company Law On June 23 of 2016 a referendum of British citizens expressed a support for the United Kingdom withdrawal from the European Union. Despite the fact, this public decision was advisory, it paved the way further for United Kingdom's withdrawal from the European Union. The paper discusses the Court of Justice of the European Union assessment of the United Kingdom unilateral notice of withdrawal. As the formation of a state exit from the European Union is taking place for the first time, many legal issues have arisen, including alternative, 28th legal regime of company law and cross-border mergers between United Kingdom companies and European Union member states companies. This paper examines the theoretical foundations of cross-border mergers in the field of freedom of establishment in national, European and international regulation, taking into account the conditions applicable to reorganization and legislation invoked in European Union, United Kingdom and the Republic of Lithuania. Relevant cases brought before the United Kingdom Supreme Court help to understand how European Union law will be treated in the United Kingdom after Brexit transitional period if one of the parties of the merger or establishment is in a Member State of the European Union. The paper also discusses the 28th alternative legal regime of company law and its post-Brexit status. The aim is to explore the perspectives of the European Union-formed institutes - European Company (SE) and European Economic Interest Grouping (EEIG) in the United Kingdom in the context of state exits. Thus, the paper reviews the prospects of Brexit in the context of cross-border mergers and the 28th alternative legal regime.

Problematic of Brexit in the Context of Company Law On June 23 of 2016 a referendum of British citizens expressed a support for the United Kingdom withdrawal from the European Union. Despite the fact, this public decision was advisory, it paved the way further for United Kingdom's withdrawal from the European Union. The paper discusses the Court of Justice of the European Union assessment of the United Kingdom unilateral notice of withdrawal. As the formation of a state exit from the European Union is taking place for the first time, many legal issues have arisen, including alternative, 28th legal regime of company law and cross-border mergers between United Kingdom companies and European Union member states companies. This paper examines the theoretical foundations of cross-border mergers in the field of freedom of establishment in national, European and international regulation, taking into account the conditions applicable to reorganization and legislation invoked in European Union, United Kingdom and the Republic of Lithuania. Relevant cases brought before the United Kingdom Supreme Court help to understand how European Union law will be treated in the United Kingdom after Brexit transitional period if one of the parties of the merger or establishment is in a Member State of the European Union. The paper also discusses the 28th alternative legal regime of company law and its post-Brexit status. The aim is to explore the perspectives of the European Union-formed institutes - European Company (SE) and European Economic Interest Grouping (EEIG) in the United Kingdom in the context of state exits. Thus, the paper reviews the prospects of Brexit in the context of cross-border mergers and the 28th alternative legal regime.

The proper legal regulation of company rescue is of crucial importance since wealth of a country as well as wealth of society and its every member depends on it. Nevertheless, certain aspects of the aforesaid legal regulation still remain inappropriate in many countries and they not only do not facilitate the rescue of viable companies but also sometimes even create unjustified barriers to it. Consequently, viable companies experiencing temporary difficulties may be wound-up unfoundedly due to imperfectness of legal regulation without an attempt to rescue such companies and to overcome temporary difficulties faced by these companies or with an unsuccessful attempt to do that merely because there are no proper conditions ensured in particular countries. As a result, unjustified costs may be incurred that could be avoided if legal regulation of company rescue was reformed. In order to facilitate the implementation of such a legislative reform the best practice of legal regulation on judicial procedures for company rescue established in jurisdictions that are being studied is presented in this study as well as certain framework for regulation of these procedures that could serve as a point of reference when the issue of how to improve legal regulation is being addressed is developed. Legal regulation valid in the United States of America, Great Britain, Germany, France, Estonia, Latvia and Lithuania has been chosen as the object of comparative analysis. This research is based not only on certain national laws but also on case law and certain studies of scholars of jurisprudence concerning issues that are being analysed.

The proper legal regulation of company rescue is of crucial importance since wealth of a country as well as wealth of society and its every member depends on it. Nevertheless, certain aspects of the aforesaid legal regulation still remain inappropriate in many countries and they not only do not facilitate the rescue of viable companies but also sometimes even create unjustified barriers to it. Consequently, viable companies experiencing temporary difficulties may be wound-up unfoundedly due to imperfectness of legal regulation without an attempt to rescue such companies and to overcome temporary difficulties faced by these companies or with an unsuccessful attempt to do that merely because there are no proper conditions ensured in particular countries. As a result, unjustified costs may be incurred that could be avoided if legal regulation of company rescue was reformed. In order to facilitate the implementation of such a legislative reform the best practice of legal regulation on judicial procedures for company rescue established in jurisdictions that are being studied is presented in this study as well as certain framework for regulation of these procedures that could serve as a point of reference when the issue of how to improve legal regulation is being addressed is developed. Legal regulation valid in the United States of America, Great Britain, Germany, France, Estonia, Latvia and Lithuania has been chosen as the object of comparative analysis. This research is based not only on certain national laws but also on case law and certain studies of scholars of jurisprudence concerning issues that are being analysed.

The proper legal regulation of company rescue is of crucial importance since wealth of a country as well as wealth of society and its every member depends on it. Nevertheless, certain aspects of the aforesaid legal regulation still remain inappropriate in many countries and they not only do not facilitate the rescue of viable companies but also sometimes even create unjustified barriers to it. Consequently, viable companies experiencing temporary difficulties may be wound-up unfoundedly due to imperfectness of legal regulation without an attempt to rescue such companies and to overcome temporary difficulties faced by these companies or with an unsuccessful attempt to do that merely because there are no proper conditions ensured in particular countries. As a result, unjustified costs may be incurred that could be avoided if legal regulation of company rescue was reformed. In order to facilitate the implementation of such a legislative reform the best practice of legal regulation on judicial procedures for company rescue established in jurisdictions that are being studied is presented in this study as well as certain framework for regulation of these procedures that could serve as a point of reference when the issue of how to improve legal regulation is being addressed is developed. Legal regulation valid in the United States of America, Great Britain, Germany, France, Estonia, Latvia and Lithuania has been chosen as the object of comparative analysis. This research is based not only on certain national laws but also on case law and certain studies of scholars of jurisprudence concerning issues that are being analysed.

The proper legal regulation of company rescue is of crucial importance since wealth of a country as well as wealth of society and its every member depends on it. Nevertheless, certain aspects of the aforesaid legal regulation still remain inappropriate in many countries and they not only do not facilitate the rescue of viable companies but also sometimes even create unjustified barriers to it. Consequently, viable companies experiencing temporary difficulties may be wound-up unfoundedly due to imperfectness of legal regulation without an attempt to rescue such companies and to overcome temporary difficulties faced by these companies or with an unsuccessful attempt to do that merely because there are no proper conditions ensured in particular countries. As a result, unjustified costs may be incurred that could be avoided if legal regulation of company rescue was reformed. In order to facilitate the implementation of such a legislative reform the best practice of legal regulation on judicial procedures for company rescue established in jurisdictions that are being studied is presented in this study as well as certain framework for regulation of these procedures that could serve as a point of reference when the issue of how to improve legal regulation is being addressed is developed. Legal regulation valid in the United States of America, Great Britain, Germany, France, Estonia, Latvia and Lithuania has been chosen as the object of comparative analysis. This research is based not only on certain national laws but also on case law and certain studies of scholars of jurisprudence concerning issues that are being analysed.

The proper legal regulation of company rescue is of crucial importance since wealth of a country as well as wealth of society and its every member depends on it. Nevertheless, certain aspects of the aforesaid legal regulation still remain inappropriate in many countries and they not only do not facilitate the rescue of viable companies but also sometimes even create unjustified barriers to it. Consequently, viable companies experiencing temporary difficulties may be wound-up unfoundedly due to imperfectness of legal regulation without an attempt to rescue such companies and to overcome temporary difficulties faced by these companies or with an unsuccessful attempt to do that merely because there are no proper conditions ensured in particular countries. As a result, unjustified costs may be incurred that could be avoided if legal regulation of company rescue was reformed. In order to facilitate the implementation of such a legislative reform the best practice of legal regulation on judicial procedures for company rescue established in jurisdictions that are being studied is presented in this study as well as certain framework for regulation of these procedures that could serve as a point of reference when the issue of how to improve legal regulation is being addressed is developed. Legal regulation valid in the United States of America, Great Britain, Germany, France, Estonia, Latvia and Lithuania has been chosen as the object of comparative analysis. This research is based not only on certain national laws but also on case law and certain studies of scholars of jurisprudence concerning issues that are being analysed.

The proper legal regulation of company rescue is of crucial importance since wealth of a country as well as wealth of society and its every member depends on it. Nevertheless, certain aspects of the aforesaid legal regulation still remain inappropriate in many countries and they not only do not facilitate the rescue of viable companies but also sometimes even create unjustified barriers to it. Consequently, viable companies experiencing temporary difficulties may be wound-up unfoundedly due to imperfectness of legal regulation without an attempt to rescue such companies and to overcome temporary difficulties faced by these companies or with an unsuccessful attempt to do that merely because there are no proper conditions ensured in particular countries. As a result, unjustified costs may be incurred that could be avoided if legal regulation of company rescue was reformed. In order to facilitate the implementation of such a legislative reform the best practice of legal regulation on judicial procedures for company rescue established in jurisdictions that are being studied is presented in this study as well as certain framework for regulation of these procedures that could serve as a point of reference when the issue of how to improve legal regulation is being addressed is developed. Legal regulation valid in the United States of America, Great Britain, Germany, France, Estonia, Latvia and Lithuania has been chosen as the object of comparative analysis. This research is based not only on certain national laws but also on case law and certain studies of scholars of jurisprudence concerning issues that are being analysed.

The proper legal regulation of company rescue is of crucial importance since wealth of a country as well as wealth of society and its every member depends on it. Nevertheless, certain aspects of the aforesaid legal regulation still remain inappropriate in many countries and they not only do not facilitate the rescue of viable companies but also sometimes even create unjustified barriers to it. Consequently, viable companies experiencing temporary difficulties may be wound-up unfoundedly due to imperfectness of legal regulation without an attempt to rescue such companies and to overcome temporary difficulties faced by these companies or with an unsuccessful attempt to do that merely because there are no proper conditions ensured in particular countries. As a result, unjustified costs may be incurred that could be avoided if legal regulation of company rescue was reformed. In order to facilitate the implementation of such a legislative reform the best practice of legal regulation on judicial procedures for company rescue established in jurisdictions that are being studied is presented in this study as well as certain framework for regulation of these procedures that could serve as a point of reference when the issue of how to improve legal regulation is being addressed is developed. Legal regulation valid in the United States of America, Great Britain, Germany, France, Estonia, Latvia and Lithuania has been chosen as the object of comparative analysis. This research is based not only on certain national laws but also on case law and certain studies of scholars of jurisprudence concerning issues that are being analysed.

The proper legal regulation of company rescue is of crucial importance since wealth of a country as well as wealth of society and its every member depends on it. Nevertheless, certain aspects of the aforesaid legal regulation still remain inappropriate in many countries and they not only do not facilitate the rescue of viable companies but also sometimes even create unjustified barriers to it. Consequently, viable companies experiencing temporary difficulties may be wound-up unfoundedly due to imperfectness of legal regulation without an attempt to rescue such companies and to overcome temporary difficulties faced by these companies or with an unsuccessful attempt to do that merely because there are no proper conditions ensured in particular countries. As a result, unjustified costs may be incurred that could be avoided if legal regulation of company rescue was reformed. In order to facilitate the implementation of such a legislative reform the best practice of legal regulation on judicial procedures for company rescue established in jurisdictions that are being studied is presented in this study as well as certain framework for regulation of these procedures that could serve as a point of reference when the issue of how to improve legal regulation is being addressed is developed. Legal regulation valid in the United States of America, Great Britain, Germany, France, Estonia, Latvia and Lithuania has been chosen as the object of comparative analysis. This research is based not only on certain national laws but also on case law and certain studies of scholars of jurisprudence concerning issues that are being analysed.

Gender Quotas in Company Boards This paper focuses on the analysis of the legal regulation of gender quotas and the importance of balanced gender representation on company boards. Taking into account that ensuring gender balance in decision-making is one of the priorities of gender equality policy and democracy, the importance of rules governing the legal relationship between gender quotas will only increase, and with it – the legal challenges for various states. This Master Thesis consists of three main structural parts. In order to disclose which management body is subject to gender quotas, the understanding of board representation and what are the most common theories of representation is analysed in the opening chapter of the thesis. Also, a lot of attention is paid to the lack of representation of both genders on company boards, addressing gender quality issues. The concept of gender quotas, their significance for democracy and good governance, and the ways in which gender quotas are implemented are also analysed. The second chapter of the thesis analyses the legal regulation and application problems of gender quotas in different countries, as well as provides statistical data that helps to understand and evaluate the actual functioning of legal norms. After the analysis and evaluation, the peculiarities and problems of the application of national legislation are identified, and possible solutions of the problems are considered. In this part of the thesis, the analysis of the state legal regulation is aimed at revealing practices that could be applied to the formation of the governing bodies of Lithuanian companies from a gender perspective. The third chapter of the thesis, based on representation theories, examines the importance of gender representation on company boards for shareholders, stakeholders, democracy and good corporate governance and analyses the impact assessment procedure introduced by the EU.

Gender Quotas in Company Boards This paper focuses on the analysis of the legal regulation of gender quotas and the importance of balanced gender representation on company boards. Taking into account that ensuring gender balance in decision-making is one of the priorities of gender equality policy and democracy, the importance of rules governing the legal relationship between gender quotas will only increase, and with it – the legal challenges for various states. This Master Thesis consists of three main structural parts. In order to disclose which management body is subject to gender quotas, the understanding of board representation and what are the most common theories of representation is analysed in the opening chapter of the thesis. Also, a lot of attention is paid to the lack of representation of both genders on company boards, addressing gender quality issues. The concept of gender quotas, their significance for democracy and good governance, and the ways in which gender quotas are implemented are also analysed. The second chapter of the thesis analyses the legal regulation and application problems of gender quotas in different countries, as well as provides statistical data that helps to understand and evaluate the actual functioning of legal norms. After the analysis and evaluation, the peculiarities and problems of the application of national legislation are identified, and possible solutions of the problems are considered. In this part of the thesis, the analysis of the state legal regulation is aimed at revealing practices that could be applied to the formation of the governing bodies of Lithuanian companies from a gender perspective. The third chapter of the thesis, based on representation theories, examines the importance of gender representation on company boards for shareholders, stakeholders, democracy and good corporate governance and analyses the impact assessment procedure introduced by the EU.

Gender Quotas in Company Boards This paper focuses on the analysis of the legal regulation of gender quotas and the importance of balanced gender representation on company boards. Taking into account that ensuring gender balance in decision-making is one of the priorities of gender equality policy and democracy, the importance of rules governing the legal relationship between gender quotas will only increase, and with it – the legal challenges for various states. This Master Thesis consists of three main structural parts. In order to disclose which management body is subject to gender quotas, the understanding of board representation and what are the most common theories of representation is analysed in the opening chapter of the thesis. Also, a lot of attention is paid to the lack of representation of both genders on company boards, addressing gender quality issues. The concept of gender quotas, their significance for democracy and good governance, and the ways in which gender quotas are implemented are also analysed. The second chapter of the thesis analyses the legal regulation and application problems of gender quotas in different countries, as well as provides statistical data that helps to understand and evaluate the actual functioning of legal norms. After the analysis and evaluation, the peculiarities and problems of the application of national legislation are identified, and possible solutions of the problems are considered. In this part of the thesis, the analysis of the state legal regulation is aimed at revealing practices that could be applied to the formation of the governing bodies of Lithuanian companies from a gender perspective. The third chapter of the thesis, based on representation theories, examines the importance of gender representation on company boards for shareholders, stakeholders, democracy and good corporate governance and analyses the impact assessment procedure introduced by the EU.