Steffen Konstantin HainKonzernregisterpublizität

About this book deutschenglish

In view of the lack of disclosure of group structures under current German law and considering the existing group-specific risks not only for shareholders, investors or creditors, the author develops a proposal for regulation, according to which the group structures of a corporate group must be disclosed in a standardized manner. The existing regulations of the Italian legislator serve as a model.

In addition, the book deals with the theoretical and economic foundations of corporate disclosure under German law. As part of the introduction to the existing institutes of group and company disclosure, the author analyses the fields of application, content and purposes of chosen statutory disclosure obligations.

The dissertation examines the fundamentals of group law as well as the group-specific risks for shareholders, investors, creditors and other group related stakeholders. At the centre of the analysis are the potential risks of corporate groups consisting of stock corporations and limited liability companies. As part of a critical evaluation of the group-specific risk potentials and the existing group disclosure institutions, the thesis identifies a shortfall in the current law on the disclosure of group structures.

Against the background of developing a proposal, the study undertakes a comparative legal analysis of the British Corporate Transparency and Register Reform of the Department for Business, Energy & Industrial Strategy and the disclosure of group structures in the Italian commercial register. The author analyses the extent to which the regulations of the British and Italian legislators can be implemented in national German law.

The insights gained are utilised in the development of a proposal for improved disclosure of group structures.