Research Paper (undergraduate) from the year 2015 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: 1,0, University of Applied Sciences Osnabrück (Fakultät Wirtschafts- und Sozialwissenschaften), course: Contract Law, language: English, abstract: What can be more palpably absurd than the prospect held out of locomotives travelling twice as fast as stagecoaches? Just as well, people could fire themselves with a firework. In the early 19th century people believed the technological progress has arrived its maximum, but their predictions were wrong. Locomotives became high-speed trains and the stagecoaches disappeared from the post system. The post, which used to take several weeks, arrives after a few days and modern communication systems like fax, telephone and email were established. Yet the contract laws of this times and a rule such as the postal rule are still legally binding and therefore the modern systems and especially email have to be integrated into the legal system. The purpose of this term paper is to critically discuss the arguments for and against the question, does the postal rule apply to email? In the first chapter the general formation of a contract is noted as well as the history and application of the postal rule are explained. Accordingly in the second chapter the process of communication by email is described and the different arguments for and against the main question are critically discussed. Finally the conclusion of the term paper is collectively assessed. Because there exist modern communication systems like fax, telephone and email, the connection between the postal rule and these modern communication systems is frequently discussed in many scientific publications. The textbooks from Mindy Chen-Wishart (2012), Contract Law, and Richard Stone (2008), The modern Law of Contract, give a good overview of the topic. For the discussion i.a. the articles from Valerie Watnick (2004), The Electronic Formation of Contracts and the Common Law Mailbox Rule, and Sharon Christensen (2001), Formation of Contracts by Email - Is it Just the Same as the Post?, are significant.
The delisting of stock corporations is still widely unregulated in Germany, notwithstanding the apparent conflict of interests between majority and minority shareholders. Specifically, the existing delisting regulation does not apply to a delisting effected by means of a corporate law transaction such as a merger. This treatise develops a new approach in order to reconcile the conflicting interests. Contrary to the prevailing view, the treatise recognizes a need for the protection of minority shareholders only to the extent that they suffer an actual loss of liquidity as a result of the delisting. Dr. Sabine Funke , Rechtsanwältin in Frankfurt am Main.
Document from the year 2017 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: A, , language: English, abstract: The major problem associated with the regulation of transnational mergers, which affect several national markets, is the allocation of jurisdiction. Each country concerned may wish to exert jurisdiction and apply its national competition law to regulate the anti-competitive effects a merger may have in its territory. However, this approach may lead to risks of inconsistent decisions regarding the legality of mergers. Indeed, the national competition laws applied by the regulating authorities may diverge in several aspects, which raise the likelihood of inconsistency. The authors advocates the creation of an international merger control framework (IMCF) for the regulation of transnational mergers. This framework will rest on an informal and a formal pillar. The former includes non-legally binding competition principles. Consistency of these principles with the concepts of legitimacy and efficiency, as well as the presence of peer reviews and assistance programmes, should lower the risk of non-implementation. The formal pillar includes bilateral cooperation agreements which apply to merger affecting the countries which have concluded the agreements. As essential pre-condition for the application of bilateral agreements, the level of cooperation achieved by such agreements should be at least equal to that ensured by the informal pillar. The last part of the study addresses and examines the long and complex processes in merger and acquisition (M&A) transactions. M&A arbitration faces certain difficulties during the transaction. Such difficulties the author seeks to underline. Two main problems of arbitration in M&A transactions, particullarly, have been covered. Firstly, the problem of consent in consolidation of parallel proceedings during M&A transactions, and, secondly parties consent that validate arbitration agreements/clauses in assignment or succession after M&A transactions have been completed. The author also tries to clarify the content of consent of parties to a transaction. Finally, a criticism of parallel proceedings is enhanced.
Fund Custody and Administration provides an overall perspective of investment funds without limiting its analysis to specific fund structures, as other books do. Since governance and oversight of investment funds are now major regulatory requirements, administrators and custodians must place greater emphasis on the custody and safekeeping of fund assets, on the independent and robust valuation of the assets, and on collateral management. By focusing on both the asset transactions made by the investment manager for the portfolio and on the transactions in the shares or units of the fund itself, it gives readers insights about the essential elements of investment fund management and administration, regardless of their geographical backgrounds. Explores the key stages in the investment process, from setting up a fund through its launch and operation Explains the roles of participants as well as the ways regulation affects the fund and its operation Describes the work flow associated with custody and administration procedures and processes Defines the role of compliance and risk management in the context of the fund and also how compliance requirements apply to custodians and administrators David Loader is co-founder of DSC Portfolios Ltd., which specializes in global training and consultancy services for the financial industry. David has worked in the debt, equity, and derivatives markets, and his expertise in back-office dynamics is unparalleled. He has written widely on operations management, derivatives, fund administration, and operational risk.