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Part II The Impact of Freedom of Establishment on Private International Law for Corporations, 5 Regulatory Competition for Incorporations

From: Freedom of Establishment and Private International Law for Corporations

Paschalis Paschalidis

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 28 January 2022

Subject(s):
Regulatory competition — Letterbox companies and the doctrine of abuse — COMI and forum shopping — Insolvency proceedings in the EU — Corporations — Jurisdiction under the Brussels I Regulation
5.01 Regulatory competition is a term that has been used in US legal scholarship to describe the competition amongst States to attract incorporations of companies in their jurisdiction. Its origins can be traced to the beginning of the twentieth century when New Jersey was dominating the market of incorporations, until its Governor of the time, Woodrow Wilson, introduced legislation to restrict stock ownership and redefine the business trust.1 New Jersey’s popularity decreased and Delaware emerged in its place. It has since then dominated the market for...
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