Relevant bibliographies by topics / Comparative studies Corporation law Corporation law

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Academic literature on the topic 'Comparative studies Corporation law Corporation law'

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Published: 4 June 2021
Last updated: 16 February 2022

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Journal articles on the topic "Comparative studies Corporation law Corporation law"

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Mugarura, Norman. "The juxtaposition of success and failure of corporate governance procedures." Journal of Financial Crime 23, no. 2 (May 3, 2016): 379–413. http://dx.doi.org/10.1108/jfc-07-2013-0047.

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Purpose The paper aims to explore a multiplicity of corporate governance issues in the narrow purview of different corporate governance systems and procedures across jurisdictional contexts. It shows a correlation between proper implementation of rules and procedures in a corporation for determining the success or failure of corporations. The paper also posits that however robust internal corporate rules and procedures are, the recent experiences have demonstrated that the fate of corporation could also be dictated beyond the remit of individual corporations by extraneous factors such as globalisation. This was vividly underscored by the recent global financial crisis (2008-2010) and its devastating consequences on well-managed corporation worldwide. The author has structured the paper into two parts – part one and part two. Part one is designed to explore the dynamics of corporate governance in fostering the success or failure of corporations. In part two, the paper examines the interplay between rules and practices in the context of two corporate governance examples –MTN in Uganda and the defunct BCCI (1991) in the UK in corporate success or failure. The former underscores a correlation between effective corporate governance mechanisms in fostering corporate success, whereas the latter underscores how the practice of overlooking corporate rules and procedures could trigger catastrophic consequences for corporations. The paper also tries to tease out how poor corporate governance could be exploited for criminal purposes. This was underscored in the case of the BCCI. The last part underscores how two distinctive corporate governance approaches in MTN (Uganda) and defunct BCCI could proffer a lesson for change of modern corporate governance systems and procedures. Design/methodology/approach The paper was written by way of a comparative analysis of different corporate governance approaches in different jurisdictions and their different implications for the success or failure of corporations. It has examined recent corporate scandals with a view to delineate how lax governance procedures and lack robust oversight of corporation could have played in precipitating conditions for criminal exploitation. Findings The findings of the paper clearly demonstrate a close correlation between good corporate governance and corporate success. It also correlates how lack of robust corporate governance procedures could provide an environment for exploitation of corporation by executives who may have criminal inclination. The lax corporate environment can also be exploited by criminals to perpetuate other forms of criminal activities such as money laundering and fraud. Research limitations/implications The paper was largely undertaken by the analysis of secondary data sources. Because there were no interviews carried to corroborate the foregoing data, it is possible that some of it could have been biased. Undertaking interviews would have mitigated the potential for bias and infused the paper with first-hand experiences from different stakeholders Practical implications The paper underscores how two distinctive corporate governance approaches gleaned in the context of MTN (Uganda) and defunct BCCI (1991) could proffer different approaches for a change in modern corporate governance systems and procedures. Social implications The paper has demonstrated that lack of proper corporate governance procedures and oversight could provide a recipe for criminal exploitation to perpetuate crimes such as money laundering in a corporation. This could have far-reaching implications not only for individuals corporations but also local communities in form of job losses), governments and markets. Originality/value The originality of this paper is manifested that there are no comparable studies undertaken in its purview. It is, therefore, a must-read for both academic and policy purposes.
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Yoran, Aharon. "Forty Years of Corporation Law." Israel Law Review 24, no. 3-4 (1990): 726–37. http://dx.doi.org/10.1017/s0021223700010189.

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The principal thesis expressed by Professor Procaccia is that when establishing rules, their economic and political significance should be considered. Accordingly, the agency problem would be solved by developing a collective enforcement mechanism (the derivative action), and by creating rules that would enable the market for corporate control to function. Under his system, it is unimportant which specific rules of liability are set by the legislature since, in any case, the market mechanism will correct the rules. It is pointless, therefore, to “waste energy” on laying down primary principles of liability.The author has made a valuable contribution in presenting new approaches and their consequences: the previous school, the economic analysis of law, and the new school, critical legal studies. However, when he applies the implications of analysis in terms of these new concepts to corporation law in Israel, Prof. Procaccia fails to examine the question of the relevance and applicability of the models. The economic analysis of law model becomes irrelevant when the market fails. In such a case, the market mechanism does not work to correct the primary rules.
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Hughes, David. "Differentiating the Corporation: Accountability and International Humanitarian Law." Michigan Journal of International Law, no. 42.1 (2021): 47. http://dx.doi.org/10.36642/mjil.42.1.differentiating.

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Corporations are significant global actors that are continuing to gain international legal status. Regulatory efforts have closely followed persistent claims that various forms of corporate activity are adversely affecting individual welfare and societal objectives. Such observations are perhaps most acute during instances of armed conflict. The history of corporate misdeeds occurring within or contributing to the perpetuation of warfare is now well-documented. However, the relationship between international humanitarian law—the legal field governing the conduct of war—and corporations receives less attention than other areas of international law where the treatment of business entities have made important advancements. This article considers the particularities that affect how accountability is imposed for corporate behavior that implicates IHL. Accordingly, the article has three purposes. First, it describes the (indirect) doctrinal methods through which accountability for corporate conduct implicating IHL may be pursued. Second, it identifies structural challenges and features of the corporate form that compromise the efficacy of these methods and result in accountability gaps. Third, through a series of case studies—addressing the conduct of Blackwater in Iraq, Facebook in Myanmar, and Airbnb in the West Bank—the article categorizes disparate forms of corporate conduct that implicate IHL in previously unforeseen ways and present unidentified regulatory challenges. Collectively, the article suggests that if international law is to contribute to the process of narrowing accountability gaps, if it is to provide an agreeable and accurate vocabulary for determining standards and adjudging conduct, regulatory efforts must begin by embracing those features that differentiate the corporation from those other entities that have traditionally held international law’s attention.
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Jeongpyo Lee. "A Study on the Effects of Restriction on Share Transfers of Limited Liability Companies in Chinese Corporation Law -A Comparative Approach to Korean Corporation Law-." Journal of hongik law review 15, no. 3 (September 2014): 467–93. http://dx.doi.org/10.16960/jhlr.15.3.201409.467.

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Martha, I. Dewa Agung Gede Mahardika, and I. Dewa Made Suartha. "KEBIJAKAN HUKUM PIDANA DALAM PERTANGGUNGJAWABAN TINDAK PIDANA KORPORASI DI INDONESIA." KERTHA WICAKSANA 12, no. 1 (February 22, 2018): 1. http://dx.doi.org/10.22225/kw.12.1.422.1-10.

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ABSTRAK Diterimanya korporasi sebagai subyek tindak pidana, sehingga menimbulkan permasalahan kebijakan hukum pidana dalam pertanggungjawaban tindak pidana korporasi. Dalam penelitian ini terdapat dua permasalahan pokok, yaitu (1) Bagaimanakah kebijakan hukum pidana pada saat ini dalam pertanggungjawaban tindak pidana korporasi? (2) Bagaimanakah kebijakan hukum pidana terhadap pertanggungjawaban tindak pidana korporasi dalam perspektif ius constituendum ? Metode penelitian yang dipergunakan adalah metode penelitian hukum normatif dengan pendekatan perundang-undangan, perbandingan dan analisis konsep hukum. Hasil penelitian adalah : (1) KUHP tidak mengatur korporasi sebagai subyek tindak pidana yang dapat dipertanggungjawabkan dalam hukum pidana dan beberapa perundang-undangan di luar KUHP telah mengatur korporasi sebagai subyek tindak pidana yang dapat dipertanggungjawabkan dalam hukum pidana, namun masih bersifat parsial dan tidak konsisten, (2) Rancangan KUHP 2014-2015 telah mengatur secara lengkap dan tegas korporasi sebagai subyek tindak pidana dan dapat dipertanggungjawabkan dalam hukum pidana dan menerima pertanggungjawaban pidana mutlak serta pertanggungjawaban pidana pengganti, meskipun dengan pengecualian untuk memecahkan persoalan kesulitan dalam membuktikan adanya unsur kesalahan yang dilakukan oleh korporasi. Kata kunci : Kebijakan korporasi, Tindak pidana, dan Pertanggungjawaban. ABSTRACT The acceptance of corporation as the subject of criminal act brings problem to criminal law policy in corporation criminal act responsibility. There are 2 principle problems in this study : (1) How is the current criminal law policy in corporation criminal act responsibility? (2) How is criminal law policy upon the corporation criminal act responsibility in ius constituendum perspective? The research used normative law method with legislation, comparative and law concept analysis approaches. The result of the research : (1) Criminal code has not regulates corporation as the subject of criminal act that is accountable for criminal law, nevertheless it is partial but inconsistent, (2) Criminal Code Bill 1999-2000 has clearly and completely regulated corporation as subject of criminal act and is accountable for criminal law and accept unconditional criminal responsibility as well as substitute criminal responsibility, although with the exception to solve difficult problem in order to prove mistakes made by corporation. Keywords: Policy on corporation, Criminal act, and Responsibility.
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Suartha, I. Dewa Made. "KEBIJAKAN HUKUM PIDANA DALAM PERTANGGUNGJAWABAN TINDAK PIDANA KORPORASI DI INDONESIA." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 5, no. 4 (May 31, 2017): 766. http://dx.doi.org/10.24843/jmhu.2016.v05.i04.p10.

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The acceptance of corporation as the subject of criminal act brings problem to criminal law policy in corporation criminal act responsibility. There are 2 principle problems in this study : (1) How is the current criminal law policy in corporation criminal act responsibility?. (2) How is criminal law policy upon the corporation criminal act responsibility in ius constituendum perspective? The research used normative law method with legislation, comparative and law concept analysis approaches. The result of the research : (1) Criminal code has not regulates corporation as the subject of criminal act that is accountable for criminal law, nevertheless it is partial but inconsistent, (2) Criminal Code Bill 1999-2000 has clearly and completely regulated corporation as subject of criminal act and is accountable for criminal law and accept unconditional criminal responsibility as well as substitute criminal responsibility, although with the exception to solve difficult problem in order to prove mistakes made by corporation. Diterimanya korporasi sebagai subjek tindak pidana, dapat menimbulkan permasalahan kebijakan hukum pidana dalam pertanggungjawaban tindak pidana korporasi. Dalam penelitian ini terdapat dua permasalahan pokok, yaitu (1) Bagaimanakah kebijakan hukum pidana pada saat ini dalam pertanggungjawaban tindak pidana korporasi?. (2) Bagaimanakah kebijakan hukum pidana terhadap pertanggungjawaban tindak pidana korporasi dalam perspektif ius constituendum ? Metode penelitian yang dipergunakan adalah metode penelitian hukum normatif dengan pendekatan perundang-undangan, perbandingan dan analisis konsep hukum. Hasil penelitian adalah : (1) KUHP tidak mengatur korporasi sebagai subjek tindak pidana yang dapat dipertanggungjawabkan dalam hukum pidana sedangkan di beberapa perundang-undangan di luar KUHP telah mengatur korporasi sebagai subjek tindak pidana yang dapat dipertanggungjawabkan dalam hukum pidana, namun masih bersifat parsial dan tidak konsisten, (2) Rancangan KUHP 2014-2015 telah mengatur secara lengkap dan tegas korporasi sebagai subjek tindak pidana dan dapat dipertanggungjawabkan dalam hukum pidana dan menerima pertanggungjawaban pidana mutlak serta pertanggungjawaban pidana pengganti, meskipun dengan pengecualian untuk memecahkan persoalan kesulitan dalam membuktikan adanya unsur kesalahan yang dilakukan oleh korporasi.
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Chikulaev, R. V. "Corporations and Corporate Financial Instruments in Russian and Foreign Law." Вестник Пермского университета. Юридические науки, no. 52 (2021): 285–320. http://dx.doi.org/10.17072/1995-4190-2021-52-285-320.

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Introduction: the paper investigates the legal regime of corporate financial instruments in the context of the convergence of the world legal systems taking into account historically determined national differentiation. We study the legal regime of corporate financial instruments with respect to the status peculiarities of a corporation as a subject of legal relations and the regime characteristics of a financial instrument as a legal object. The purpose of the study is to analyze and generalize the legal experience of economically developed countries and to explain the modern legal content of the concept ‘corporate financial instrument’ against the related legal terms ‘securities’, ‘financial instrument’, ‘corporation’; to reveal major problems in the doctrine and positive legal regulation. Methods: comparative-legal, formal-logical, historical, analytical, empirical methods, and legal modeling. Results: the analysis of Russian and foreign experience made it possible for us to explain the specific nature of the legal status of corporation as the main component of modern economic systems, which determines special legal regimes of financial instruments that provide certain corporate rights. Conclusions: in terms of comparative analysis, of special interest is legal experience of such countries as Germany, France, Great Britain, and the USA since these countries show a higher level in the development of corporate legal forms and financial markets. Since early 1990s, Russia has been demonstrating high rates in the formation of the system of financial instruments circulation, which, with respect to the legal development of the corporate legal entity doctrine, brings Russian legal system closer to the world major legal systems. In the light of the focus on the sustainable economic development and defense of state interests with the use of modern digitalization methods, this also objectifies and makes currently relevant the development of the national legal regime of the corporate financial instrument based on the international legal experience.
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이홍욱 and 손영기. "A Comparative Study on Supervisory Systems of the Corporation Law between China and Korea." Dankook Law Riview 38, no. 4 (December 2014): 251–79. http://dx.doi.org/10.17252/dlr.2014.38.4.009.

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Crossney, Kristen B., and David W. Bartelt. "The legacy of the home owners’ loan corporation." Housing Policy Debate 16, no. 3-4 (January 2005): 547–74. http://dx.doi.org/10.1080/10511482.2005.9521555.

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Sinyavskiy, A. A. "International Protection of Human Rights and the Activity of Transnational Corporations." Moscow Journal of International Law, no. 1 (July 25, 2020): 54–65. http://dx.doi.org/10.24833/0869-0049-2020-1-54-65.

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INTRODUCTION. This study analyzes available remedies for victims who have suffered harm from business activity of transnational corporations. The goal of this study is to evaluate the effectiveness of available remedies for the protection human rights of individuals from adverse impacts of the business activity of TNCs. To achieve the goal, it is necessary to fulfill the following tasks: to consider the obligations of TNCs in modern international law, the role of states in the protecting human rights against the business activities of TNCs, examine the content of the right to an effective remedy, and characterize the existing remedies for the individuals.MATERIALS AND METHODS. During the research the latest theoretical studies of leading Western scholars was analyzed, as well as the regulatory documents, recommendations and reports of the human rights treaty bodies, international human rights treaties and extensive court practice of the ECHR. For this study formal logical, general scientifi , comparative legal and private scientific methods has been applied. RESEARCH RESULTS. In recent years, the importance of soft law in the field of international business and human rights has been increasingly strengthened. The UN Guiding principles on Business and Human Rights have become the basis for a draft legally binding instrument to regulate, in international human rights law, the activities of transnational corporations. It should be noted that the latest innovations in the draft related to the introduction of environmental rehabilitation as one of the mandatory forms of redress. Indeed, when considering mass violations of human rights by transnational corporations, we oft n encounter with serious damage to the environment, as a result of which environmental rights are violated. Increasing cases of such violations have led to the need to improve international and domestic remedies.DISCUSSION AND CONCLUSIONS. The study concluded that a remedy would be effective if it would be affordable, acceptable, adequate and timely. An effective remedy against the activities of TNCs should provide an adequate compensation or the leveling of the damage caused and bring TNCs to account for human rights violations in order to ensure such compensation. In turn, access to remedies consists of two interrelated elements: the existence of a grievance mechanism that provides a redress for business-related damage and the availability to the mechanism by aff cted persons. Access to remedies should be provided without discrimination on any of the prohibited grounds and should take into account the situation of vulnerable groups. The approach to the calculation of compensation or the choice of remedy should be individualized, taking into account the social and legal status of the victim.
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Dissertations / Theses on the topic "Comparative studies Corporation law Corporation law"

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Lee, Lai-lan, and 李麗蘭. "The new PRC company law: a comparison with Hong Kong company law : its adequacies and deficiencies." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1995. http://hub.hku.hk/bib/B31266629.

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Lee, Lai-lan. "The new PRC company law : a comparison with Hong Kong company law : its adequacies and deficiencies /." Hong Kong : University of Hong Kong, 1995. http://sunzi.lib.hku.hk/hkuto/record.jsp?B14038882.

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Li, Hon-ling Regina. "China's new company law : a study of its impact on foreign investment /." Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B17982182.

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Haddadin, Fadi. "Critique of shareholder status in Jordanian corporate law : a comparative approach." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64279.pdf.

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Corradi, Marco Claudio. "A law and economics analysis of corporate opportunities doctrines from a comparative perspective." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:f9469cef-a68f-4657-8275-d0eefb005faf.

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Business opportunities are a chance for a company to grow its activity and to further the aggregate welfare of the society as a whole. Corporate opportunities rules and their functional equivalents should enable companies to develop their business activities when directors discover those business opportunities. Companies need to be certain that they can legally appropriate those business opportunities. A company should have this ability when it is the best potential exploiter of the opportunity at issue, which is likely when the opportunity is a chance to expand the company's line of business or to pursue vertical integration. In fact, a company's appropriation of new business opportunities justifies a company's sunk costs that stem from its specific investments. Hence, the tests adopted for identifying corporate opportunities in US (Delaware), German (line of business test), UK, French, Spanish and Italian corporate laws (interest test) reflect the need to further efficiency by way of diminishing hold-up costs. Remedies against misappropriations of corporate opportunities by directors should both pursue maximum disclosure of new corporate opportunities by directors and preserve the possibility of alternative allocations of a corporate opportunity, when a company's director can exploit the opportunity more efficiently than the company. Such an alternative allocation may occur through negotiation or through efficient breach of duty. It is suggested that a differential remedial system (higher sanctions for breach of duty following non-disclosure) would maximize both disclosure and efficient allocation. This approach is closer to the one that exists in Anglo-American law than to the one adopted in most civil law jurisdictions. The present differences in various corporate laws may be connected to the existence of institutional complementarities, which should be taken into account in future reforms.
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Correia, Miguel G. "Taxation of corporate groups under a corporation income tax : an interdisciplinary and comparative tax law analysis." Thesis, London School of Economics and Political Science (University of London), 2010. http://etheses.lse.ac.uk/2786/.

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Corporate groups are notoriously difficult to tax. At the moment it is not clear whether corporate groups should be approached as single taxable entities, or whether a separate tax existence should be attributed to corporate group members. The current ambiguity generates a substantial deadweight loss. This study determines what may be the best approach to tax corporate groups, once the perspectives of government and corporate groups are taken into account. The study adopts an interdisciplinary approach, whereby elements, such as market imperfections, the economic, legal and functional nature of corporate groups and the rules of related regulatory fields, are brought into the investigation. The study is based on the US federal corporate income tax system, although, for certain issues, the UK tax system is analyzed. The study adopts a closed economy perspective. The study shows that the design and operation of the corporate income tax system is subject to several constraints and distortions, and argues that to simply look at how far a certain policy is from optimality may be insufficient to determine whether an incremental improvement occurs. The study proposes a new approach to corporate income tax policy whereby the pursuit of incremental improvements requires the minimization of transaction costs and other sources of deadweight loss and the taking into account of the collateral effects of the corporate income tax system, including its interaction with market imperfections, the behavioural and operational nature of business entities, the frictions imposed by other regulatory fields and corporate governance. Following this policy approach, the study concludes that treating corporate groups as single taxable entities is the best approach to tax corporate groups and recommends a revision of certain technical aspects of the current US and UK legislation for taxation of corporate groups.
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Kreymborg, Dorothea. "Going private with public concern : a comparative study of going private techniques under Canadian and German law." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80934.

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It is the objective of this comparative thesis to analyze how Canadian and German legislators have addressed the compromise between minority shareholder protection and flexibility in the regulation of going private transactions. The structure of this study follows the distinction between indirect and direct-methods that are available to a controlling shareholder who sets out to eliminate minority shareholder participations in order to become the exclusive shareholder of a corporation. In fact, both jurisdictions under consideration provide for a complex regime of corporate and securities law to govern going private transactions. The interplay of corporate and securities law produces a typical regulatory conflict between the goals of shareholders as opposed to investor protection on the one hand, and the purpose of a flexible corporate law regime and efficient capital markets regulation on the other hand. This comparative analysis evidences the respective advantages and disadvantages of the Canadian and German regimes and provides for regulatory prescriptions that result from the comparison.
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Rothaermel, Thomas. "Possibilities of securing and exercising family influence in U.S. companies a comparative analysis." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81229.

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This work focuses on the special problems in the context of drafting the corporate charter and bylaws for American corporations the stocks of which are mainly owned by the members of one family. Although the ownership structure would also allow a partnership organization, there can be good reasons for choosing the corporate structure. Nevertheless, the family owners will want to preserve a partnership-like structure and a maximum amount of ownership influence. However, the three-tiered structure of the corporation (board of directors, officers, and shareholders) and their individual functions are fixed by a "statutory model" that the courts tend to adhere to and that has often been written into positive corporate statutes.
Hence, for each organizational level, this work tries to fathom the permissible deviations from the statutory model in order to maintain and exercise family influence.
Furthermore, the special legal forms provided by the legislators (especially "close corporation status") will be considered.
Because American corporate law is within the province of the state legislators, the work takes a comparative approach. Guided by the criteria of practical applicability and comparative interest, the Model Business Corporation Act as well as the state laws of Delaware, New York, California, and Nevada were selected.
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Chitimira, Howard. "A comparative analysis of the enforcement of market abuse provisions." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1015008.

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Market abuse practices may directly or indirectly give rise to diverse problems such as inaccurate stock market prices, low public investor confidence, reduced market integrity and poor efficiency in the affected financial markets. This thesis reveals that three major forms of market abuse, namely insider trading, prohibited trading practices (trade-based market manipulation) and the making or publication of false, misleading or deceptive statements, promises and forecasts relating to listed securities (disclosure-based market manipulation) are prohibited in South Africa. However, although South Africa has had market abuse legislation for about 30 years, and must be commended for its great effort to enhance market integrity by combating market abuse practices, the enforcement of such legislation is still problematic. Moreover, in spite of the fact that there is no empirical data or accurate figures quantifying the occurrence and extent of market abuse activities in the South African financial markets, this thesis submits that market abuse practices are still to be completely eradicated. Accordingly, this thesis suggests that the aforementioned problem might have been aggravated by inter alia, various gaps, flaws and/or inconsistent implementation and enforcement of the market abuse legislation in South Africa. To this end, the anti-market abuse enforcement framework under the Securities Services Act 36 of 2004 is analysed to investigate its adequacy. The co-operation and role of the Financial Services Board, the courts, the Directorate of Market Abuse and other relevant stakeholders is also examined and discussed. Moreover, the co-operation between the Financial Services Board and similar international agencies is discussed to gauge its effectiveness in relation to the combating of cross-border market abuse practices. The adequacy of the awareness and preventative measures in place to curb market abuse practices is also investigated to determine whether such measures are robust enough to combat other new challenges that were posed by the 2007 to 2009 global financial crisis. Furthermore, a comparative analysis is undertaken of the enforcement of the market abuse prohibition in other jurisdictions, namely the United States of America, the United Kingdom, the European Union and Australia. This was done to investigate the relevant lessons that can be learnt or adopted from these jurisdictions. The thesis further discusses the adequacy of the recently introduced provisions of the Financial Markets Bill as well as the subsequent market abuse provisions of the Financial Markets Bill 2012. The thesis highlights that the aforementioned Bills are positive attempts by the policy makers to improve the enforcement of the market abuse provisions in South Africa. Nonetheless, the thesis reveals that most of the shortcomings contained in the Securities Services Act 36 of 2004 were duplicated in the Financial Markets Bill and the Financial Markets Bill 2012. In light of this, it remains to be seen whether the market abuse provisions contained in the Financial Markets Bill and/or the Financial Markets Bill 2012 will improve the combating of market abuse practices in South Africa. Consequently, it is hoped that the relevant market abuse provisions of the Securities Services Act 36 of 2004, the Financial Markets Bill and/or the Financial Markets Bill 2012 will be comprehensively reviewed in regard to the recommendations made in this thesis. To this end, the thesis proposes a viable anti-market abuse model and policy framework and sets out both policy objectives and provisions which policy makers could use to strengthen some of the market abuse provisions in South Africa.
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Kornmann, Jan, and Marcus Adolfsson. "CSR activities within service corporations : A case study about how four legal jurists and their service corporation conduct CSR activities with primary focus on SME law firms." Thesis, Jönköping University, JIBS, Business Administration, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-13108.

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Purpose: The purpose of this thesis is to interview four legal jurists in order to explore how they conduct CSR activities within their service corpora-tion, with primary focus on SME law firms.

Background: A current issue to address concerning the conduct of business these days is CSR activities. Although, the previous research concerning CSR activities and the service sector is limited.

Theoretical Framework: The theoretical framework is divided into four parts; a general part concerning the concept of CSR activities, a review of earlier studies of CSR activities, the stakeholder theory and finally the theory about the triple bottom line.

Method: A qualitative case study was employed in order to answer the purpose. The most suitable research approach was a combination of a deductive and partially an inductive approach. The primary data consisted of semi-structured interviews. The secondary data were used in order make a comparison in relation to manufacturing corporations.

Empirical findings & Analysis: As for all corporations an integration of voluntary social and environmental concerns in their business operations are considered as CSR activities. A significant concern is CSR activities that the inter-viewed service corporations experienced was the lack of human and economic resources to deal with CSR activities. Furthermore, the lack of stakeholder pressure does not facilitate the matter of implementing more CSR strategies into the corporations‟ business conduct. As a result of the lack of stakeholder pressure the interviewed corporations tend to only take part in CSR activities that create goodwill value for the corporation. According to the interviewed service corporations CSR activities is a new phenomenon that is likely to become a bigger part of their business conduct in the future.

Conclusion: The interviewed corporations tend to focus their CSR activities to-wards the social activities since this is the kind of activities that is closely connected to the core business.

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Books on the topic "Comparative studies Corporation law Corporation law"

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Siems, Mathias M., and David A. Cabrelli. Comparative company law: A case-based approach. Oxford, United Kingdom: Hart Publishing, 2013.

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Andenæs, Mads Tønnesson. European comparative company law. Cambridge: Cambridge University Press, 2009.

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Guevara, Carlos Alfredo López. Brief comparative analysis of Panamanian corporation laws. Panama, R.P: Fábrega, López & Barsallo, 1990.

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Egan, Paul. The Companies Acts of Ireland and the UK: Comparative tables. Bristol: Jordan & Sons, 1991.

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Andenæs, Mads Tønnesson. European comparative company law. Cambridge: Cambridge University Press, 2009.

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Augustus, Berle Adolf. Studies in the law of corporation finance. Buffalo, N.Y: W.S. Hein & Co., 1995.

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Africa, South. The new Companies Act and amendment bill: A comparative consolidation. Cape Town, South Africa: Juta & Co., 2010.

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Koh, Peter S. K. Major issues in company law: With PRC Chinese and English comparative law notes. Singapore: Sweet & Maxwell, 2009.

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Painter, Desmond. Company law: Case studies in a business context. Basingstoke: Macmillan Education, 1988.

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Adenas, Mads. European comparative company law. Port Chester, NY: Cambridge University Press, 2004.

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Book chapters on the topic "Comparative studies Corporation law Corporation law"

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Fleischer, Holger. "The Law of Close Corporations." In Ius Comparatum - Global Studies in Comparative Law, 319–50. Dordrecht: Springer Netherlands, 2017. http://dx.doi.org/10.1007/978-94-024-1066-2_13.

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Wagner, Gerhard. "Tort Law and Human Rights." In Interdisciplinary Studies in Human Rights, 209–33. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-73835-8_12.

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AbstractThe article explores the relationship between tort law and human rights. It explains the potential inherent in holding corporations liable in tort for human rights violations along the supply chain, such as the 2013 Rana Plaza collapse in Bangladesh. On a theoretical level, it devises a legal framework of tort liability that is optimal from the standpoint of social welfare. Such an optimal liability system would make manufacturers internalise the full cost of production, including harm caused to workers, third parties and the environment. In contrast, the present global liability situation is characterised by legal fragmentation and enforcement deficits. These factors provide the explanation for the large-scale externalisation of production risks we witness today, leading to an inflated global demand. In principle, tort law is well suited to offer a remedy, as the interests protected by human rights and national tort law broadly overlap. Furthermore, the duty of care which is the core requirement for shifting losses to others via tort law is a flexible concept that may even be stretched to accommodate cross-border human rights policies. The new French “devoir de vigilance,” or human rights due diligence, as well the UK Supreme Court’s recent jurisprudence, aim to tap this potential. On the other hand, the article raises doubt in relation to the adverse economic incentives and market shifts if such duties are imposed selectively, i.e. only in some jurisdictions, but not in others. After all, private international law often stands in the way of a global application of national tort law. Finally, alternative mechanisms of enforcement are assessed and examined with a view to their comparative effectiveness. This analysis casts doubt on the usefulness of tort law as a means to further the human rights cause.
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Tchotourian, Ivan. "CSR and ‘Best Interests of the Corporation’: New Purpose for Corporations and Managers? A Comparative View from North American and European Corporate Law." In Critical Studies on Corporate Responsibility, Governance and Sustainability, 63–81. Emerald Group Publishing Limited, 2011. http://dx.doi.org/10.1108/s2043-9059(2011)0000002010.

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Gerner-Beuerle, Carsten, and Michael Schillig. "Legal and Theoretical Foundations of the Business Corporation." In Comparative Company Law, 3–84. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199572205.003.0001.

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In accordance with comparative law methodology, the chapter seeks to define and delineate in functional terms the subject matter of this book. It aims to provide a workable conception of ‘business corporation’ and ‘company law’ that transcends national boundaries. The modern business corporation (or company) is a comparatively recent phenomenon that emerged in the nineteenth and twentieth centuries. Its rise is linked with the development of the modern nation state and capitalism. Despite a growing interest in comparative company law scholarship, most lawyers still approach the subject with preconceptions formed by their own domestic corporate law experience. This can be problematic given that major differences in typology, historical development, regulatory framework, and legal characteristics remain. Consequently, this chapter discusses the concepts and terminology used in this context in common law and civil law systems, explores separate legal personality and limited liability as defining properties of the business corporation, provides an overview of the historic development of the business corporation and of corporate (law) theory, and analyses the sources of domestic corporate law.
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Gerner-Beuerle, Carsten, and Michael Schillig. "Incorporation and Corporate Representation." In Comparative Company Law, 155–218. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199572205.003.0003.

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This chapter presents a general discussion of incorporation and corporate representation. General incorporation requires a formal process that company promoters have to go through, at the end of which the company or corporation emerges as a separate legal entity. Since investors will have access only to the corporate property, a certain degree of publicity is required in order to facilitate a clear attribution of assets and liabilities to a specific corporate entity. Disclosure is therefore an important element of the incorporation process, and remains significant throughout the duration of the company. Once incorporated, the company or corporation conducts its business by contracting and transacting with other market participants. This requires the attribution of the acts of natural persons to the corporation, causing the corporate property to be subject to, or released from, liability, or to be increased or decreased by the receipt or disposal of assets.
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Gerner-Beuerle, Carsten, and Michael Schillig. "Elements of Shareholder Democracy." In Comparative Company Law, 334–464. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199572205.003.0005.

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This chapter begins with a discussion of the origins of corporate power. Shareholders are often considered the owners of the corporation. However, this is questionable in an economic and social, if not a legal, sense. In fact, the position of shareholders in many legal systems is confined to that of mere investor who acquires cash flow rights, but has minimal (and only indirect) influence on business operations through the election of directors. Where shareholders (or, for that matter, directors) have the power to decide, the law needs to ensure that they do not abuse their position of power to the detriment of corporate actors bound by the decision without being able to influence it. The chapter then covers the limits of corporate power, shareholder decision-making, and the appointment and removal of directors.
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Gerner-Beuerle, Carsten, and Michael Schillig. "Corporate Insolvency." In Comparative Company Law, 889–986. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199572205.003.0011.

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This chapter discusses the termination of the corporate existence and in particular the issue of corporate insolvency. There are many reasons for ending the corporate existence such as corporate failure, a merger, or formation of the corporation for only a limited period of time which has expired. In all these incidences, corporate law has to provide a process that ensures that pre-existing contractual entitlements are respected in accordance with the idea of creditor preference and shareholder residuarity. The remainder of the chapter discusses the special case of insolvency, in particular concepts of insolvency, the transition regimes from corporate governance to bankruptcy governance, and insolvency and restructuring options under the legal systems under consideration here. It concludes that the rise of the ‘rescue culture’ has resulted in a remarkable convergence of insolvency and restructuring law on both sides of the Atlantic.
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Gerner-Beuerle, Carsten, and Michael Schillig. "Corporate Governance Regulation." In Comparative Company Law, 223–334. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199572205.003.0004.

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This chapter first analyses whether the corporation is merely a profit-maximizing entity or performs a more inclusive, social function. It then discusses some basic economic concepts that are important to understand the underlying conflicts that corporate governance regulation seeks to address, such as efficiency, incomplete contracts, and agency costs. Next, it examines the goals that corporate governance regulation in the United States, the UK, Germany, and France pursues, and gives an overview of the evolution of the corporate governance movement, which started in the United States in the 1970s. The chapter then introduces the most important corporate actors—officers, directors, and shareholders—and explores whether the ownership structure of public stock corporations has changed over time and continues to differ between countries. The final section analyses how corporate boards are designed, and how best practice standards contained in corporate governance codes shape the composition of boards.
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Uğurlu, Mine. "M&A Activity, Financial Distress, and Trade Credit." In Comparative Economics and Regional Development in Turkey, 51–72. IGI Global, 2016. http://dx.doi.org/10.4018/978-1-4666-8729-5.ch003.

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This paper investigates the effects of firm constraints on the likelihood of M&A involvement and explores if mergers mitigate financing constraints. The results display that young and small firms facing financial constraints, corporations that have low R&D expenditures and capital investments have higher likelihood of M&A activity. Firms that compete in technology-driven industries are more likely to merge. Equity- constrained firms have high likelihood of M&A involvement while cash insolvency and leverage are not significantly related with mergers. The results support the positive relation between the use of trade credit and financial distress displayed in previous studies, but reveal that distressed firms involved in mergers reduce trade credit significantly. Results indicate that mergers mitigate the positive relation between distress and trade credit. Distressed firms involved in mergers avoid payables which rank lower in pecking order finance. M&As seem to alleviate financing constraints for cash-constrained corporations in an emerging market.
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Epstein, Charlotte. "From Liberties to Liberty." In Birth of the State, 105–30. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190917623.003.0004.

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This chapter studies how liberty in the law evolved from being attached to a collective, metaphorical body—the medieval corporation—to being rooted instead in the individual body across a range of practices in seventeenth century Europe. It analyses the early modern forms of toleration that developed from the ground-up in Protestant Europe (Holland and Germany in particular), including the practices of ‘walking out’ (auslauf) to worship one’s God, and the house church (schuilkerk). These practices were key to delinking liberty from place, and thus to paving the way to attaching it instead to territory and the state. The chapter also considers the first common law of naturalisation, known as Calvin’s Case (1608), which wrote into the law the process of becoming an English subject—of subjection. This law decisively rooted the state-subject relation in the bodies of monarch and subject coextensively. Both of these bodies were deeply implicated in the process of territorialisation that begat the modern state in seventeenth-century England, and in shifting the political bond from local authorities to the sovereign. The chapter then examines the corporeal processes underwriting the centralisation of authority, and shows how the subject’s body also became—via an increasingly important habeas corpus—the centre point of the legal revolution that yielded the natural rights of the modern political subject. Edward Coke plays a central role in the chapter.
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Conference papers on the topic "Comparative studies Corporation law Corporation law"

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White, Nancy J., Sigitas Mitkus, and Renata Cibulskienė. "Classification of a defect as breach of contract or tort: a comparative study of the U.S. and the Republic of Lithuania." In Contemporary Issues in Business, Management and Economics Engineering. Vilnius Gediminas Technical University, 2019. http://dx.doi.org/10.3846/cibmee.2019.067.

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Purpose – this paper compares the approach of United States’ law and Lithuanian law in classifying a construction defect as a breach of contract or tort. Research methodology – the paper uses case studies to analyze. Unites States’ law approach divides damages into damages for breach of contract and tort damages. According to Lithuanian law, civil liability is assigned to contractual and non-contractual (tort) liability depending on the nature of the unlawful actions. Findings – the cases demonstrate that a defect usually is considered a breach of contract. Different types of damages are recoverable: compensatory damages according to United States’ law and direct and indirect damages are recoverable according to Lithuanian law. Research limitations – both contractual and non-contractual liability are analyzed. In addition, defects to construction by an act of fraud are covered. More research is needed on how the law affects the extension of the warranty period or the statute of limitations. Originality/Value – the paper provides a new interpretation of classification a construction defect as a breach of contract or tort and offers new insights comparing the different approach of law. Practical implications – the paper will be instructive to developers, contractors, management corporations
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