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Browsing by Author "Pekkanen, Maija-Ilona"

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  • Employee protections in asset acquisitions : A comparative study of EU and Australian approaches 
    Pekkanen, Maija-Ilona (2024)
    This master’s thesis is a study with respect to employee protections in asset acquisitions in the EU and in Australia. This thesis sets out to examine if and how the two jurisdictions provide for employee protections in the event of a transfer of business. The thesis utilises a dual research methodology of comparative law and legal dogmatics. The thesis first sets out the differences of share and asset acquisitions from the operation of law perspective in order to demonstrate the need for statutory intervention in asset acquisitions. The thesis then goes on to lay out the historical developments of social and labour policies that have shaped the current policy considerations regarding the transfer of business provisions in the two jurisdictions. The thesis then examines the current statutory law with respect to the transfer of business provisions in the EU and in Australia. Finland has been used as an example jurisdiction in relation to the national implementation of the EU legislative instrument under examination. The thesis found that whilst both jurisdictions have statutory protections for employees in the event of a transfer of business, the applicability and scope of the protections vary drastically. It was also found that the differences in the operation of the regimes can be explained by the current policy considerations stemming from historical developments with respect to the wider labour law framework.
  • Utility of EU Prospectus Summary in Australia : a study of the EU and Australian corporate disclosure regulation with respect to prospectus summaries 
    Pekkanen, Maija-Ilona (2022)
    This master’s thesis is a study with respect to prospectus regulation in the EU and Australia. This thesis sets out to discover whether a prospectus summary drawn up in accordance with EU standards could be utilised in a secondary listing in Australia. The thesis utilises legal dogmatics as a basis point for the analysis for the regulatory framework in the EU. Methods of comparative law is also utilised to highlight similarities and differences between the pragmatic functionality of the two jurisdictions’ prospectus regulation regimes. The thesis first analyses the current regulatory framework in the EU with respect to prospectuses with a focus on prospectus summaries as well as investigates the policy reasons for recent regulatory reforms. Based on the analysis of the current regulation on prospectus summaries in the EU, the thesis presents an example summary. The thesis then goes on to examine the example summary in the Australian context, analyses whether the example summary may be utilised in Australia, and what are the policy reasons behind any necessary changes. Lastly, the thesis compares the two jurisdictions’ regulatory framework from a policy point of view to analyse what objectives are driving the legislative outcomes. The thesis found that the example summary compiled in accordance with the EU prospectus regulation can be made compatible with the Australian standards with minor additions and adjustments and that overall, the two regulatory frameworks share the objectives of investor protection and market efficiency which are reflected in the regulatory texts.

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