German Corporate Convergence to a Market Based System

International Community Law Review, Vol. 9, No. 2

1 Pages Posted: 24 May 2008 Last revised: 1 Sep 2008

Date Written: 2007

Abstract

Germany has implemented several legal reforms in an attempt to attract international investment. Commentators proclaimed that a transition from a bank-based system of corporate governance to a market based system was required in order for Germany to attract international investors. Debates still transpire regarding the success of the legal reforms implemented in an effort to make this change. This analysis explains Germany's previous corporate governance system and the new laws implemented to transform it to a market based system. Empirical data is recited concerning the changes in foreign direct investment, German household investment decisions, and the German financial markets. The paper concludes that an analysis of this data reveals an increase of foreign investment in Germany and a substantial movement towards a market-based system throughout the duration of the legal reform.

Keywords: Corporate Governance Convergence, German Corporate Governance Code, German Financial Markets, German International Investment, German Bank Based System, German Market Based System, German Corporate Law, German Corporate Voting, Germany Basel Accord, Berger New Orleans

Suggested Citation

Berger, Matthew, German Corporate Convergence to a Market Based System (2007). International Community Law Review, Vol. 9, No. 2 , Available at SSRN: https://ssrn.com/abstract=1136917 or http://dx.doi.org/10.2139/ssrn.1136917

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