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5 Eur. Bus. Org. L. Rev. 1 (2004)

handle is hein.journals/eunbuioiz5 and id is 1 raw text is: 



European Business Organization Law Review 5: 1-5                         1
© 2004 T.M.C.ASSER PRESS  DOI10.1017/S 1566752904000011

Editorial


Corporate  Reorganization  and Bankruptcy

This volume arose out of an October 2003 Conference on Corporate Reorgani-
zations and Bankruptcy   organized by the Faculty  of Law  and  Center for
Company   Law   at Tilburg University. The principal focus of the issue is
corporate governance and bankruptcy reform, but also highlights the European
Company   (SE) and the theory and practice of cross-border reorganizations and
inter-state competition in corporate structures. The special issue has four major
sections.
   The first part of this issue examines the Post-Enron reforms to the United
States reporting system and European  Commission   initiatives on corporate
governance  and disclosure. In William Bratton's article, he identifies the diffi-
culties of employing principles-based reporting systems to constrain opportu-
nistic actions of managers and recommends that the US move to principles be
delayed until institutional reforms have succeeded. Karel Lannoo and Arman
Khachaturyan   provide a  critical analysis of the proposals contained the
European  Commission's  Communications   on corporate governance and rein-
forcing the statutory audit.
   In the second part of the issue, attention shifts to the importance developing
the legal rules and institutions that facilitate the development of a venture
capital market in Europe. Joseph McCahery  and Erik Vermeulen, in focusing
on inter-state competition in the EU, show the extent to which the competitive
pressures have led lawmakers to create limited partnership structures that meet
the needs  of venture capitalists. John Armour, in examining  relationship
between legal rules and the incidence of venture capital, views a nation's insol-
vency law as having a potentially a positive impact on the demand for venture
capital. In the third part of the issue, Ian Fletcher examines the potential impact
of Enterprise Act 2002 on  corporate insolvency practice in the UK. Daniel
Prentice focuses on the different ways that the Enterprise Act 2002 will affect
the bargaining strategies of secured lenders. Finally, in the fourth part of the
issue, Theo Raaijmakers  examines  the European Company   (SE), the issues
surrounding board structure and corporate governance, and whether the SE is a
suitable vehicle that could enhance regulatory competition.


Overview  of the Articles

The first article, by William Bratton, focuses on the debate over the reform of
financial reporting and the factors that are responsible for the move toward

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