Corporate Finance Law: Principles and Policy

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9781849460040: Corporate Finance Law: Principles and Policy

Corporate finance law is an area of law which is of significant practical importance. The academic analysis of this area of law has also been increasingly recognized. This book provides a discussion of the most interesting theoretical and policy issues in corporate finance law. It covers both the equity and debt sides of corporate finance, and seeks, where possible, to compare the two, considering the desirability of each in various circumstances and pointing to areas of convergence and overlap. The topics covered include: an overview of the financing options available to companies * the relationship between debt and equity * legal capital * contractual protection for creditors * proprietary protection for creditors * single and multiple lenders * transferred debt * public offers of shares * the ongoing regulation of the capital market * the regulation of debt * takeovers * schemes of arrangement and private equity. Each chapter analyzes the issues so as to enable the reader to understand the difficulties, risks, and tensions inherent in this area of law, and the attempts made by the legislature and the courts, as well as the parties involved, to deal with them. The book discusses areas where the law is uncertain, including some difficult conceptual problems, and considers the present law critically, including options for possible reform.

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About the Author:

Louise Gullifer is Professor of Commercial Law at the University of Oxford and a Fellow and Tutor of Harris Manchester College, Oxford Jennifer Payne is Professor of Corporate Finance Law at the University of Oxford, and a Fellow and Tutor of Merton College, Oxford.

Review:

.a treasure trove of information on a number of disparate subjects...The treatment throughout is stimulating and informative. (David Marks QC International Company and Commercial Law Review, Volume 24, Issue 10)

...readers will complement the authors for numerous references to foreign reasoning in order to provide deeper insight as to the policy behind UK provisions.

...a rich source of insight for academics as well as students, policy-makers and practitioners. It serves as a great hornbook for beginners in the area of corporate finance and therefore, should be included in every reading list at UK law schools. Almost all relevant cases are not just named but also explained comprehensively. Fortunately and contrary to other books on corporate finance law Gullifer and Payne give extensive room to issues of debt financing. (Timo Fest European Journal of Risk Regulation, Issue 2)

This book provides a careful and well-balanced treatment of both legal and policy issues across a very wide range of topics relating to the financing of corporate enterprise. (John Armour, Lovells Professor of Law and Finance in the Faculty of Law, University of Oxford)

There is something here for everyone: from the student novice, who needs a good overview of the general terrain and a clear signposting of the key issues and problems which require resolution, to the more seasoned campaigner-whether practitioner, academic, or policy-maker-who will want to be kept abreast of ongoing debates and new developments in the field, and to mull over the merits of the potential reform options canvassed. (Harry McVea First published in Lloyd's Maritime and Commercial Law Quarterly, copyright Informa, London, 2012)

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Louise Gullifer; Jennifer Payne
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