To all those reading this I am David Gibbs; I am a Lecturer in Law at the University of East Anglia.

I created this blog as a general out-let of ideas for my research, as well as keeping those interested up-to-date on my research and general interests.

I completed my PhD thesis at the University of East Anglia in 2014. The thesis was recommended for the award of PhD with no corrections. My external examiner was Prof. Simon Deakin (Cambridge) and internal examiner was Prof. Morten Hviid.
My PhD research centred on directors' duties and company law. The thesis was titled 'Non-Executive Self-Interest: Fiduciary Duties and Corporate Governance'. It was a doctrinal and empirical study on whether self-interest was suitably controlled amongst non-executive directors.

My supervisors were Prof. Mathias Siems, Prof. Duncan Sheehan, Dr. Sara Connolly and Dr. Rob Heywood

All opinions of any existing or future blogpost are my own. They do not necessarily represent the views of any of my associated institutions.
ORCID 0000-0002-6596-8536

Tuesday, 21 February 2012

European Commission Consultation

The EC are seeking public consultation on the future of European company law.

If wish to respond to the consultation you can do so here. It has a variety of questions mainly relating to regulatory competition in the EU. One set of questions focuses on the European Model Company Act project that is focusing on producing a European "benchmark" for company law but is not a legal instrument nor does it require Member States to implement a Directive or create a new business form.

It may end up something similar to the Model Articles in the UK, which in practice are rarely used in full. The benefit of the Model Articles is that they do serve as a default and have some legal authority. However, the Model Act does not have this important ingredient. With decades of disagreement with EU Member States over company law evidenced by the Directives on Takeovers and the European Company (Societas Europaea or SE) one must have doubts about the EMCA's belief that Member States will hesitate from deviating from the Model.

However, in principle I do support further harmonisation of company law in Europe. I do have certain qualms about a Model Act with no legal authority though (unless the Member States implement rules from it of course).

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