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Preface

Published online by Cambridge University Press:  07 May 2010

Dirk Van Gerven
Affiliation:
Brussels
Dirk Van Gerven
Affiliation:
NautaDutilh, Brussels
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Summary

Making a takeover bid for securities in different Member States of the European Union has traditionally been a hassle, since the offer document and relating publicity materials had to be approved by the supervisory authority of each Member State in which the bid was made. This resulted in lengthy discussions with the supervisory authorities and unnecessary delays in the bid process. Furthermore, differences in national law rendered the simultaneous launch of a takeover bid in several Member States a complicated undertaking. The Takeover Directive intends to facilitate cross-border takeover bids and oblige the national supervisory authorities to co-operate. This directive designates a single authority that is competent to approve the offer document required to make a takeover bid. An offer document thus approved can be used in other Member States to which the bid is extended. The only limitations on this so-called ‘European passport’ are that the supervisory authorities of the other Member States may require the inclusion of additional information relating to the acceptance formalities and the applicable tax rules, and national law may require that the offer document be translated into one or more official languages of these other states. The deadline for implementation of the Takeover Directive in national law was 20 May 2006. Almost all Member States have adapted their national legislation accordingly.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2008

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  • Preface
  • General editor Dirk Van Gerven
  • Book: Common Legal Framework for Takeover Bids in Europe
  • Online publication: 07 May 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511720895.001
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  • Preface
  • General editor Dirk Van Gerven
  • Book: Common Legal Framework for Takeover Bids in Europe
  • Online publication: 07 May 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511720895.001
Available formats
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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.

  • Preface
  • General editor Dirk Van Gerven
  • Book: Common Legal Framework for Takeover Bids in Europe
  • Online publication: 07 May 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511720895.001
Available formats
×