Download The Law of Corporate Finance: General Principles and EU Law: by Petri Mäntysaari PDF

By Petri Mäntysaari

In this three-volume e-book, the legislations of company finance is outlined in a contemporary means and studied from the point of view of a non-financial company. The legislation of company finance is helping the enterprise to control funds circulate, chance, principal-agency relationships, and knowledge within the context of all judgements that impact the firm’s funds. the 1st quantity introduces the elemental recommendations and explains the connection among company possibility administration, the administration of employer relationships, company governance, and the administration of data. the second one quantity discusses how danger, corporation, and data should be controlled in all contracts. additionally , the second one quantity comprises an advent to the felony elements of money duties and the administration of assorted sorts of counterparty possibility. The 3rd quantity discusses quite a lot of investment and go out transactions in addition to the criminal points of takeovers.

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Extra info for The Law of Corporate Finance: General Principles and EU Law: Volume III: Funding, Exit, Takeovers

Sample text

LILO transactions are transactions in which a financial institution purports to lease property and then purports to immediately sublease it back to the lessor. 68 One of those municipalities was the city of Bochum. The city of Bochum handed over its sewerage system to a US investor for 99 years in exchange for a payment of €500 million made by way of a trust. It then leased back the network through a bank in return for a payment of only €480 million, thereby making an instant profit of €20 million.

First, the firm may already be lean. Second, the firm may lack information and financial know-how. Third, even if the firm were informed of the theoretical savings, the transaction costs might be high. Some of the transactions that help to release capital are very complicated and expensive. Fourth, capital may be too cheap to be worth saving: interest rates may be low; the company may have a controlling shareholder who requires a very low level of profit distributions; the equity capital of a state-owned company may be subsidised; and so forth.

The parties try to ensure that third parties will not be able to argue that the transaction 61 62 Ibid, p 242. 1, where the question was whether a sale and repurchase agreement was an unregistered company charge. 3 Management of Capital Invested in Assets 37 was not a sale at all, but rather a secured financing arrangement that was not properly perfected. In some jurisdictions, a sale and lease-back transaction is more easily regarded as an assignment by way of security that does not create security rights enforceable against third parties.

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