Table of Contents

Introduction: Private Company Law Reform.- Introduction: Private Company Law Reform.- Theory: New Business Entities.- The New Business Entities in Evolutionary Perspective.- The Evolving Partnership.- Uncorporations and the Delaware Strategy.- Private Company Law Reform in Europe and Asia.- The New Company Law: What Matters in An Innovative Economy.- Modernizing Latin American Company Law: Creating an All-Purpose Vehicle for Closely Held Business Entities.- Of Tradition and Change — The Modernization of the German gmbh in the Face of European Competition.- Reform of Dutch Private Company Law.- Welfare, Fairness and the Role of Courts in a Simple and Flexible Private Company Law.- The Evolution of Hybrid Business Forms in the United States.- Abolishing LLC Veil Piercing.- The Economics of Limited Liability: an Empirical Study of New York Law Firms.- Ethics in the Age of Un-Incorporation: A Return to Ambiguity of Pre-Incorporation or an Opportunity to Contract for Clarity.- The Social-Welfare Based Limits on Private Ordering in Business Association Law.- The European Private Company Before Its Pending Legislative Birth.- The European Private Company.

About the Author

Joseph A. McCahery holds the Chair in Corporate Governance and Innovation at the University of Amsterdam Faculty of Economics and Econometrics. He is also Professor of Financial Market Regulation at Tilburg University Faculty of Law and Goldschmidt Visiting Professor of Corporate Governance at Solvay Business School at the Free University of Brussels. Ellen D. G. Kiersch is coordinating Counsel for Legislation and acting Head, private law department, Ministry of Justice. Her areas of responsibility include company law, accounting, contracts and tort law. Levinus Timmerman is a member of the Royal Dutch Academy of Sciences and chairman of the Dutch commission on company legislation. He is editor of the Dutch law magazine Ondernemingsrecht.