Einführung eines Konzernrechts in Japan: Der Zwischenentwurf und die ergänzenden Erläuterungen

Abstract

It has long been vividly discussed whether Japanese corporate law should be supplemented by a special set of rules on corporate groups in order to protect minority shareholders in subsidiaries from being exploited through the influence by the subsidiary’s parent company. The Interim Draft for Amending the Company Law of last year now presents a proposal as to how such rules could look. According to the Interim Draft a parent company could be held liable for any damage suffered by a subsidiary as a consequence of dealings with the parent. This contribution critically assesses the proposals of the Interim Draft.