Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-7drxs Total loading time: 0 Render date: 2024-07-24T01:12:56.722Z Has data issue: false hasContentIssue false

9 - Uncovering Decoupling Techniques

The Contribution of Securities Law

from Part IV - Deficiencies of Formal Approaches to Group Transparency in EU Law

Published online by Cambridge University Press:  04 May 2022

Linn Anker-Sørensen
Affiliation:
Ernst & Young
Get access

Summary

The amended notification regime for major holdings (Transparency Directive 2013/50/EU) is analyzed in this chapter. It is questioned whether this regime successfully targets hidden control structures or whether the emergence of alternative modes of control in group structures once again challenges the scope of major holding disclosure. The 2013 Directive introduced several new provisions of which financial instruments should be included when calculating the different thresholds for notification of major holdings of shares in companies. The chapter analyzes and discusses different types of holdings, including contract rights related to shareholdings, and how they should be aggregated under the Transparency Directives (horizontal aggregation). It furthermore discusses the extent to which a parent company’s holdings should be aggregated with holdings held by affiliated entities (vertical aggregation). The chapter concludes with reflections on a mismatch between horizontal and vertical aggregation, which potentially can be used to circumvent the disclosure of major holdings and thereby to facilitate “shadow business.”

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×