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.