Hit me baby one more time: does ‘ne bis in idem’ apply when company and representative are sanctioned for same offence?

ECJ judgement of April 5th 2017

Two Italian companies did not pay their VAT debt which amounted to over a million euro. In addition to a tax penalty for the companies, their legal representatives were prosecuted in their personal capacity on the ground that they failed to fulfill their responsibility to pay the VAT. The representatives protested, arguing that this would breach the ne bis in idem-principle, guaranteed by article 50 of the Charter of Fundamental Rights of the EU.

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The effect of formation rules on the functioning of capital markets: lessons from history

Carsten Gerner-Beuerle (LSE) on link between formation rules and the development of capital markets

An earlier post  (in Dutch) discussed the risk of moral hazard when limited liability allows company owners to take excessive risks without needing to fear personal losses. This goes to the expense of company creditors. Minimum capital requirements were suggested as a remedy since this raises the stakes for company owners and thus discourages excessive behavior.

A recent analysis of corporate and financial regulation in Britain and Germany in the 19th century argues, however, that stringent formation rules, such as minimum capital requirements, could possibly hamper the development of financial markets (see: C. Gerner-Beuerle, ‘Law and Finance in Emerging Economies: Germany and Britain 1800-1900, The Modern Law Review, Vol. 80 Iss. 2, March 2017, 263-298).

Continue reading “The effect of formation rules on the functioning of capital markets: lessons from history”