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1
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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Lee, Kyungtag, and Hyunchul Lee. "How Does CSR Activity Affect Sustainable Growth and Value of Corporations? Evidence from Korea." Sustainability 11, no. 2 (January 18, 2019): 508. http://dx.doi.org/10.3390/su11020508.
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This study explores the relationship between Korean listed companies’ corporation social responsibility (CSR) activities and their sustainable growth and valuation, focusing specifically on the nonlinear aspect. The nonlinear quantile regressions used in this study reported that CSR activities increased corporation value exclusively in the middle-range groups (i.e., τ_25, τ_50, τ_75) of Tobin’s q, a proxy for corporation growth and value. However, the linear ordinary least squares (OLS) regression did not indicate similar results. Our findings also showed that CSR activities affect the valuation of Korean listed corporations in a nonlinear, rather than in a linear way. Considering that most prior studies are devoted to reporting linear results from classical ordinary least squares estimations between CSR activities and corporation value, our study fills the gap in the literature. The findings of this study may provide corporation managers and researchers with valuable data concerning a corporation’s optimal investment point for their CSR activities for sustainable growth and the maximization of corporation value.
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Albaqme, Aidh Sultan. "Consumer Protection under Saudi Arabia Law." Arab Law Quarterly 28, no. 2 (July 10, 2014): 158–75. http://dx.doi.org/10.1163/15730255-12341276.
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The development of consumer protection laws in Saudi Arabia is of great significance because of the critical role that the Kingdom plays in the Gulf-Corporation Council Alliance and the fact that not many studies have been conducted on the issue of consumer protection in the Kingdom. Therefore, this article will analyse Islamic (Sharī‛ah) law as the foundation of consumer protection in Saudi Arabia and also focus on the development of consumer protection under Islamic law. The article will also compare Islamic law with other legal systems that are applied in Western nations with regard to consumer protection and advertising. Finally, the article will focus on the importance of Islamic law as a tool to ensure that the rights of consumers are respected and that adherence to religion is guaranteed.
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Wagner, William G., and Thomas C. Owen. "The Corporation under Russian Law, 1800-1917: A Study in Tsarist Economic Policy." Russian Review 52, no. 3 (July 1993): 425. http://dx.doi.org/10.2307/130749.
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Tokhadze, Ana. "Transforming Georgia’s regulations on Shareholders’ right to interim dividend Confronting the European Company Law." TalTech Journal of European Studies 10, no. 2 (September 1, 2020): 57–74. http://dx.doi.org/10.1515/bjes-2020-0015.
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Abstract The article provides a critical legal analysis of Georgia’s regulations on the interim dividend payment and highlights the necessity of proper amendments to comply with European company law. Since having an EU-Georgia Association Agreement signed, the dynamic process of Europeanization has put various legislative changes on the agenda, which also regard shareholders’ proprietary rights. This article briefly gives a novel insight into the distribution of interim dividends from a comparative point of view. It suggests the possibly scrutinized coverage of the legal preconditions along with liability consequences for the interim dividend declaration from the perspective of both shareholders and joint stock companies in Georgia. The article emphasizes the structure of the corporation, which naturally bedrocks the potential conflict of interests between the shareholders and creditors. The topic also endorses questioning Georgia’s rules on capital maintenance in relation to the interim dividend distribution. Hence, the study reveals prevailing regulatory lapses and makes pertinent recommendations on the alignment of the financial interests of those mentioned. Last but not least, the article exposes how directors on the credible basis of their fiduciary duties are assigned to divert assets of the corporation since their rationality in decision-making is expected to meet the best interests of the company.
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Saimima, Ika Dewi Sartika, Fransiska Novita Eleanora, and Widya Romasindah. "PERTANGGUNGJAWABAN PIDANA KORPORASI PENYEDIA KONTEN PORNOGRAFI ANAK (Studi Kasus Official Loly Candy’s Group)." Perspektif Hukum 19, no. 1 (July 5, 2019): 1. http://dx.doi.org/10.30649/phj.v19i1.188.
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<p><em>The rise of child crime is increasing, even using networks on social media (Facebook), the culprit is not only personal, but also the corporation, in handling it using Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE), by looking at forms of criminal liability corporation in child pornography content providers. the purpose of the study is to find out the criminal liability of the corporation providing the content of child pornography, and to know the obstacles in the prevention of child sexual crime (social media) through internet media. The results obtained were more emphasizing and directing the accountability of corporations providing child pornography content (official loly candy; s group case studies), and the penalties given to perpetrators could provide: deterrent effects and were given punishments in the form of actions and rehabilitation to perpetrators, and the law Indonesia in tackling child crime on social media</em><strong><em></em></strong></p>
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Kalugina, O. B., U. V. Mikhailova, and R. R. Dema. "Comparative Analysis and Experience of Using Social Network Analysis Information Systems." Journal of Computational and Theoretical Nanoscience 16, no. 8 (August 1, 2019): 3166–72. http://dx.doi.org/10.1166/jctn.2019.8154.
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At present, in open sources of social networks and mass media every second there is a huge amount of information, the analysis of which can significantly effect both the activities of corporations, industries, and the social and political life of citizens. Our article describes the processes occurring in online media and social networks, the characteristics of natural and controlled information dissemination. This paper reviews and classifies mass systems for analyzing social networks, as well as users of similar systems of analysis. These are systems for commercial organizations, systems designed for use by public authorities, defence and law enforcement agencies, research developments for analyzing social networks. Currently, the most developed systems for analyzing social networks are systems for commercial organizations. Examples of experimental studies of social networks by the Russian company InfoWatch Kribrum are given. In conclusion, a comparative analysis of the considered systems is given and conclusions are made about their advantages and disadvantages.
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Lidström, Anders. "Public Authorities and Intermunicipal Cooperation in a European Context." Urban Affairs Review 53, no. 2 (August 3, 2016): 403–9. http://dx.doi.org/10.1177/1078087416630613.
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Although not entirely clear with regard to definitions and delimitations, the article by Savitch and Adhikari opens up for a comparative research agenda of considerable importance for better understanding the preconditions for how the metropolis can be governed. Their suggestion that public authorities are important for solving collective problems in the metropolitan areas is also relevant in a European context. There is already a tradition in Europe to establish cooperative arrangements between metropolitan local governments for tasks that requires a larger territorial scale, but Savitch and Adhikari direct our attention to private law arrangements, i.e. inter-municipal corporations. Also in Europe, these have become increasingly common, which may be understood in the light of the increasing marketization of local government. Although lacking in democratic legitimacy, they provide more flexibility and may also include private businesses in their governing body. However, knowledge about their occurrence and functions is limited, which calls for further, systematic and comparative research. In particular, it should be investigated whether they, as in the US, are more common in the metropolitan areas with the strongest resources.
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Noh, Mieree. "A Study on the Prevention the Abuse of Appraisal Rights - Comparative Study on the Delaware General Corporation Law." Commercial Law Review 38, no. 1 (May 31, 2019): 49–103. http://dx.doi.org/10.21188/clr.38.1.2.
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Sjåfjell, Beate. "Beyond Climate Risk: Integrating Sustainability into the Duties of the Corporate Board." Deakin Law Review 23 (November 27, 2018): 41–62. http://dx.doi.org/10.21153/dlr2018vol23no0art805.
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Finding out how business can be a part of the shift to sustainability has never been more crucial. This article starts out by presenting the results of a multi-jurisdictional comparative analysis of corporate law, seeking to investigate the barriers, to and possibilities for, sustainable business in the dominant business form — the corporation. The social norm of shareholder primacy is identified as a major barrier to sustainability. Shareholder primacy has taken over the space that corporate law leaves open for the discretion of the individual corporate board.
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Priyanta, Maret. "THE POSITION OF STATE RESPONSIBILITY FOR ENVIRONMENTAL POLLUTION BY CORPORATE : The Legal Studies of Implementation Paradigm Polluter Pay Principle in Environmental Law Enforcement in Indonesia." Tadulako Law Review 1, no. 2 (December 31, 2016): 119. http://dx.doi.org/10.22487/j25272985.2016.v1.i2.7130.
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The development activities is one of the government's efforts in order to realize a fairness and prosperous for the society. The natural resources management through the business activities carried out by the corporation, became one of the important factors in the success of national development. One of the impacts of development activities on the environment is the environmental pollution because of the utilization of natural resources. The pollution has caused a decrease in the quality of human life and other living creatures. Differences paradigm or way people view the polluter pays principle and the position of the responsibility of States to discredit the corporation still there is a difference of view and understanding. It is see from the practice of application of the Social and Environmental Responsibility (TJSL), which seems to have been removing corporate responsibility and involvement allocationof State budget revenue and expenditure of the State to penangulangan pollution, which performed by the corporation. This has led to uncertainty in the law enforcement environment in Indonesia. This study aimed to describe the problem from the legal aspect and theory in relation to the position of state responsibility and corporate environmental pollution in the environmental legal system. This study uses normative juridical approach, through the method of approach to legislation, the conceptual approach, and an analytical approach. The scope of this normative juridical research includes the study of the principles and theory of law. Paradigm reform of the principles of pollution should be change or reform based on theory of law, whereby the position and extent of responsibility of states and corporations definitely be regulated in the Indonesia environmental legal system.
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IKEDA, Syunsuke. "Response of Scientific Societies to the New Corporation Law and Report of Studies on Foreign Scientific Societies." TRENDS IN THE SCIENCES 14, no. 2 (2009): 57. http://dx.doi.org/10.5363/tits.14.2_57.
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Rossi, Guido. "Ron Harris, Going the Distance: Eurasian Trade and the Rise of the Business Corporation, 1400–1700." Edinburgh Law Review 25, no. 2 (May 2021): 253–55. http://dx.doi.org/10.3366/elr.2021.0701.
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Gindis, David. "Ernst Freund as precursor of the rational study of corporate law." Journal of Institutional Economics 16, no. 5 (December 7, 2017): 597–621. http://dx.doi.org/10.1017/s174413741700056x.
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AbstractThe rise of large business corporations in the late 19th century compelled many American observers to admit that the nature of the corporation had yet to be understood. Published in this context, Ernst Freund's little-known The Legal Nature of Corporations (1897) was an original attempt to come to terms with a new legal and economic reality. But it can also be described, to paraphrase Oliver Wendell Holmes, as the earliest example of the rational study of corporate law. The paper shows that Freund had the intuitions of an institutional economist, and engaged in what today would be called comparative institutional analysis. Remarkably, his argument that the corporate form secures property against insider defection and against outsiders anticipated recent work on entity shielding and capital lock-in, and can be read as an early contribution to what today would be called the theory of the firm.
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Eiji, Takahashi. "The comparative analysis of the Theory of "iura singulorum" of members of the Corporation between German and Japanese Law." Wonkwang University Legal Research Institute 33, no. 2 (June 30, 2017): 317–35. http://dx.doi.org/10.22397/wlri.2017.33.2.317.
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Johnson, Herbert A., and Hendrik Hartog. "Public Property and Private Power: The Corporation of the City of New York in American Law, 1730-1870." William and Mary Quarterly 42, no. 4 (October 1985): 551. http://dx.doi.org/10.2307/1919044.
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Díez, Carlos Gómez-Jara. "Honest Services Fraud as a Criminal Breach of Fiduciary Duties." New Criminal Law Review 18, no. 1 (2015): 100–128. http://dx.doi.org/10.1525/nclr.2015.18.1.100.
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From a comparative perspective, the challenges that American courts and legislators are facing when trying to construe an honest services fraud statute are familiar. Almost all European countries have a general provision that criminalizes any breach of fiduciary duties that brings about economic harm to the principal. The comparative inquiry also helps shed light on the way in which the offense should be defined in a future statute. First, honest services fraud should be treated as a separate offense that is different from fraud; more specifically, the offense of honest services fraud should be conceived as a midpoint between fraud and embezzlement. Second, this offense—which could be defined as a “disloyalty” or “mismanagement” crime—should be construed along the lines of a derivate action for breach of fiduciary duties, although with higher standards, given that its violation triggers criminal sanctions. Third, this new disloyalty offense should include elements that are not required by current law, including whether “actual” or “reasonably foreseeable harm” is caused and whether the breach of the fiduciary duty is the proximate cause of the actual harm. The time has come to create a freestanding general disloyalty offense that requires an actual or reasonably foreseeable harm to the corporation as a prerequisite to criminal liability.
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Thiel, Karen Smith. "New Developments in Public Health Case Law." Journal of Law, Medicine & Ethics 31, S4 (2003): 86–87. http://dx.doi.org/10.1111/j.1748-720x.2003.tb00764.x.
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In recent years, public health law has seen some important court decisions. Those are presented below.In Pelman v. McDonaldS Corporation, the court dismissed a complaint filed by three children who claimed that McDonald’s practices in making and selling its products were deceptive. This deception, the children alleged, caused them to consume McDonald’s products with great frequency and become obese, thereby injuring their health. The plaintiffs pled five causes of action against McDonald’s, alleging that McDonald’s: 1) failed to adequately disclose the ingredients and health effects of its products and described their food as nutritious without disclosing detrimental health effects; 2) engaged in marketing techniques geared toward inducing children to consume their products; 3) acted negligently in selling foods high in fat, cholesterol, salt, and sugar when studies show that foods containing these ingredients cause obesity and detrimental health effects; 4) failed to warn consumers of the quantity and qualities of levels of fat, cholesterol, salt, and sugar in its products or of the detrimental health effects of such foods; and 5) acted negligently in marketing foods that were physically and psychologically addictive.
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McCarthy, Eugene. "Book Review: Fictions Inc.: The Corporation in Postmodern Fiction, Film, and Popular Culture." Law, Culture and the Humanities 13, no. 1 (January 9, 2017): 173–76. http://dx.doi.org/10.1177/1743872116672597b.
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Shishido, Zenichi. "Problems of the Closely Held Corporation: A Comparative Study of the Japanese and American Legal Systems and a Critique of the Japanese Tentative Draft on Close Corporations." American Journal of Comparative Law 38, no. 2 (1990): 337. http://dx.doi.org/10.2307/840103.
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Junaidi, Junaidi, Sri Endah Wahyuningsih, and Ira Alia Maerani. "Responsibilities Of The Corporate Director Against The Dark Criminal Action In The Position Based On The Decision Of The Court Sumber Of Cirebon Regency (Studies on Decision No.202 / Pid.B / 2019 / PN.Sbr)." Jurnal Daulat Hukum 3, no. 1 (April 12, 2020): 41. http://dx.doi.org/10.30659/jdh.v3i1.8433.
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The problems of this study were 1) corporate position as the subject of criminal law in Indonesia? 2) law enforcement against corporations as subjects of a criminal offense of embezzlement in office at the Court Sumber of Cirebon Regency? 3) accountability of corporate directors to the crime of embezzlement in office by Court Sumber of Cirebon Regency.The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The source and types of data in this study are primary data obtained from interviews with field studies The defendant and the Legal Counsel in prisons Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively.Based on the results of this study are The position of the corporation as a subject of criminal law in particular is currently only recognized in the Act governing the criminal offense outside the Criminal Code. Law enforcement has inkracht / final until a court decision with the principle of lex generalis / delict general, instead of using the principle of lex sepesialis for in the Penal Code there is no article regulating the criminal offense of corporate (Company Law) Law Company Limited of the Republic of Indonesia No. 40 of 2007 . Accountability director of the corporation against the crime of embezzlement in a position based on the decision of the Court Sumber of Cirebon Regency is from the start (LP) Police Report Number: LP B / 446 / X / 2017 / Jabar / RES CRB dated October 8, 2018 and has been decided by the Court in decision Number 202 / Pid.B / 2019 / PN Sbr.Keywords : Responsibility; Corporate; Crime; Fraud; Position.
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Krtoušová, Lucie Novotná. "The Duty of Loyalty Imposed on a Company Director: A Comparison between Czech and English Law." Review of Central and East European Law 44, no. 1 (March 28, 2019): 1–30. http://dx.doi.org/10.1163/15730352-04401001.
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The aim of this contribution is to critically analyze the substance of the duty of loyalty imposed on a director of a company by the New Civil Code and the Business Corporation Act, which came into force in the Czech Republic on 1 January 2014, and consider the consequences of a breach thereof. The interpretation of recodified Czech private law is ambiguous and conflicting and there is neither consistent interpretation nor any case law, while at the moment it is not clear to what extent existing case law applies to these laws. This comparative analysis of the Czech and English concepts of the duty of loyalty aims to indicate a possible interpretation of the transplanted duty of loyalty and discuss theoretical issues connected with directors’ liabilty in recodified Czech private law.
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LALIT, Das, Das ADYASHA, and Mishra SITIKANTHA. "Application of Multi Criteria Decision Making in Adopting Suitable Solid Waste Management Model for an Urban Local Body. Case Study of Bhubaneswar City of Odisha, India." Journal of Environmental Management and Tourism 11, no. 3 (June 16, 2020): 741. http://dx.doi.org/10.14505//jemt.v11.3(43).28.
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A practical approach to deal with the municipal solid waste at hand needs the adoption of a suitable model and an understanding of the required processes to manage it effectively. A case study of Bhubaneswar City/ Municipal Corporation of Odisha in India, focused on the development of a suitable model based on approaches like Process of elimination, Strength, Weakness, Opportunity and Threat (SWOT) analysis, Mathematical analysis, Analytical Hierarchy Process and the Test of sustainability. The study focused on the processes in Municipal Solid Waste (MSW) value chain like waste generation, primary source storage, collection, secondary storage, transportation, processing and disposal. A two by two matrix model was adopted to arrive at a suitable disposal model mapped with the source segregation. The Urban Local Body (ULB) analysed Analytical Hierarchy Process (AHP) as one of the criteria to select suitable Collection, Transportation and Disposal Model based on Technical, Economic, Social and Environmental considerations .The mathematical analysis involved Pair-wise Comparison Matrix for the quantitative variables while qualitative variables were examined by Analytical Hierarchy Process (AHP). The economic factor dominated the decision making; ‘street dumping and street sweeping’ got an upper ranking in the final matrix analysis of the collection and Transportation plan and ‘incineration’ dominated the decision making for the disposal plan. The limitation of the study showed that the application of mathematical model to find out optimum Municipal Solid Waste (MSW) Model does not accommodate qualitative variables. Therefore, SWOT analysis and sustainability studies were examined to arrive at the best possible model. SWOT criteria drew upon the work environment with respect to financial position of the Urban Local Body, Not in my backyard (NIMBY) factor, Private Public Partnership (PPP) mode aspirants, availability of mature technology and threat in factors like adverse regulatory order, disruptive technologies and the lack of political will. The test of sustainability based on the proposed model passed through the test of capability and constraint study, social acceptance, regulatory compliance, and ground level feasibility. Based on multiple criteria in decision making, the study found that ideally Bhubaneswar should adopt a model where source segregation with door to door collection of waste facility is given top priority. Decentralization of waste disposal and cluster approach of cities and towns nearby to curb the waste menace and facilitate the waste to go the fuel way looked sustainable and achievable. At the same time, addressing the Not in my backyard (NIMBY) factor by earmarking land bank for waste disposal and collection of cesses from the city inhabitants could generate enough financial resources for its sustainability.
This research unbolts discussions with respect to the challenges presented by the Not in my backyard (NIMBY) factor, finding suitable landfill sites for solid waste disposal, interference of disruptive technologies and the change in leadership not owning up to responsibilities or revoking the previously established management practices.
Sustainability studies should help all stakeholders to participate harmoniously with a common goal of clean city and striving for a better planet.
Similarly, the comparative matrix based on the scientific, financial, social and ecological considerations were applied to the disposal plan to develop a fitting model for the Urban Local Body (ULB).
The study ascertained that Bhubaneswar should have source segregation with door to door collection facility and may need decentralized composting facility centres to handle the biodegradable wastes. The plastic wastes may be used for Waste to Fuel or for road making. The non-degradable may go to land fill or Waste to Energy plant with cluster approach combining nearby Cuttack and Khurdha districts to meet the waste requirement of 550 tonnes per day to sustain the plant. At the same time, it should collect cess from the city habitants to generate enough financial resources for sustainability. It should earmark the land-bank for waste processing facilities as it faces serious Law and Order problems due to Not in my backyard (NIMBY) factor.
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Dmytryshyn, Basil. "Russian Civilization. By David A. Law. New York: MSS Information Corporation, 1975. 490 pp. $16.00, cloth. $10.00, paper." Slavic Review 35, no. 4 (December 1996): 727–28. http://dx.doi.org/10.2307/2495662.
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Sosnovskikh, Sergey, and Oxana Cherkasova. "Reasonable Entrepreneurial Risk: Behavioural Criteria for Corporate Managers." Russian Law Journal 9, no. 1 (March 3, 2021): 58–80. http://dx.doi.org/10.17589/2309-8678-2021-9-1-58-80.
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This paper discusses the essence of the entrepreneurial risk, ethical and legal standards, which must be adhered to by the head of a commercial organisation. In the Russian legislation, there is debate concerning the boundaries of the responsibilities of the corporate manager. Existing literature doesn't contain many studies about the norms on the responsibility of persons authorised to act on behalf of a legal entity because it is new for Russian civil legislation, which shows the novelty of this study. We identify problematic aspects that arise both in the doctrine and judicial practice regarding the determination of the criteria of good faith and reasonable behaviour of the head of the corporation. Our study examines the legal nature of entrepreneurial risk and how it affects the formation of managerial decisions. As a result, we propose a basic model of the criteria for the good behaviour of a corporate manager within a reasonable entrepreneurial risk.
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Vasilyeva, Yu V., and S. V. Shuraleva. "AGE AS A FACTOR OF EMPLOYEE’S VULNERABILITY IN LABOR LAW." Вестник Пермского университета. Юридические науки, no. 49 (2020): 550–75. http://dx.doi.org/10.17072/1995-4190-2020-49-550-575.
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Introduction: the article studies the influence of an individual’s age on their vulnerability in labor relations. Purpose: to analyze the legal regulation applied to age-vulnerable groups of workers in labor law, to identify the factors of vulnerability, and to propose the directions of improving labor legislation taking into account the ILO policies and the experience of individual foreign countries. Methods: the methodological framework of the research is based on general, general scientific methods as well as some special methods (system-structural, formallegal, comparative-legal). Results: the UN approaches to the concept of vulnerability and vulnerable groups in international law have been studied. At the current stage, the protection of vulnerable groups is closely linked to the concepts of equality and non-discrimination, with the age factor serving as the basis for differentiation of legal regulation in labor law. The authors put forward a thesis that the first vulnerable categories of workers differentiated by age were minors, while older workers were not considered a vulnerable group until the end of the 20th century and did not have a special status despite the problem of ageism. The authors substantiate the presence of three vulnerable groups of workers distinguished by age: youth (including minors), women of childbearing age, and older persons. It is argued that a woman’s childbearing age should be recognized as a factor of vulnerability, but only when work is accompanied by harmful and dangerous conditions; in general, the significance of this factor is reducing, including due to the position of international bodies. It is noted that modern Russian labor law focuses on protecting the labor rights of minors, while they are young people aged 15 to 24 who are the most vulnerable in the labor market, as evidenced by the high rate of youth unemployment in this age segment. Analyzing the reasons for the lack of comprehensive legal regulation of youth labor at the state level, the authors turn to the strategies of transnational corporations aimed at attracting young professionals, as well as to successful foreign practices aimed at stimulating youth employment. Assessing the legal regulation of older people’s labor in Russia, the authors conclude that it does not yet fully take into account international approaches to the role of older people in the labor sphere. Older persons are a heterogeneous group, so the purpose of legal regulation is to properly place the emphases. The main goal of differentiating the legal regulation of work of persons nearing retirement age is to ensure their staying in employment and protect them against discrimination, while for persons who have already reached retirement age – to promote their health preservation and self-realization. Conclusions: the authors state the vulnerability of employment among young people over 18 and older persons, the lack of differentiation of their status in labor law, and suggest ways to improve labor legislation in order to reduce the vulnerability of employees depending on age.
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Sannö, Anna, Maria T. Johansson, Patrik Thollander, Johan Wollin, and Birgitta Sjögren. "Approaching Sustainable Energy Management Operations in a Multinational Industrial Corporation." Sustainability 11, no. 3 (January 31, 2019): 754. http://dx.doi.org/10.3390/su11030754.
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A large share of the energy efficiency improvement measures available for industrial companies remains unadopted due to the existence of various barriers to energy efficiency. One of the main means of overcoming barriers to energy efficiency is via energy management operations. The major parts of the published scientific papers have covered energy management on a company level or on a sector level. However, so far, the literature is scarce regarding empirical studies on energy management on a corporate level. With the aim of filling the research gap, the aim of this paper is to empirically assess the performance of an in-house energy management program adoption from the year of initiation and four years ahead in the multinational company Volvo CE. The paper was conducted as a case study including a participative approach, which has not previously been done in energy management research. This paper adds value, through complementing the existing literature on energy management on a factory or sector level, by highlighting the importance of leadership, speed of execution, and cultural transformation on a corporate level.
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Gyung-Young Jung. "The Duty of Care and Liability of Director in Corporation – Focused on Comparative Legal Study of Discussion on Corporate Law of US." SungKyunKwan Law Review 28, no. 4 (December 2016): 271–313. http://dx.doi.org/10.17008/skklr.2016.28.4.009.
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Haji Mohiddin, Mas Nooraini, Zuhairah Ariff Abdul Ghadas, and Nazri Ramli. "DEVELOPING SHARIAH COMPLIANT CORPORATION: AN APPRAISAL ON THE RIGHTS AND LIABILITIES OF MEMBERS UNDER THE MALAYSIA LAW AND SHARIAH." Journal of Nusantara Studies (JONUS) 6, no. 1 (January 28, 2021): 59–72. http://dx.doi.org/10.24200/jonus.vol6iss1pp59-72.
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Shareholders are members of a company through share capital ownership. They proclaim themselves as “owners” although they have no direct involvement in business management which is wholly vested in the board of directors. In Malaysia, shareholders merely receive bundles of right in the company as prescribed under the Companies Act 2016. Due to the separate legal existence of a company, they are not liable for the company’s debts and liabilities. Contrarily, under Shariah, musharakah is a partnership agreement between individual partners for participation in capital and profits. It essentially regards them as the joint owners of musharakah, treating their existence inseparable from this business entity. The partners collectively share mutual rights and duties in the musharakah business according to their contractual agreement which makes them jointly liable for any liabilities incurred by the musharakah. This article discusses the rights and liabilities of members of a company under Malaysia Law and Shariah. It highlights the substantial distinctions between the shareholders’ rights and liabilities under the Companies Act 2016 and those of partners under musharakah. This article argues that an inculcation of Shariah principles of musharakah into the current legal structure of corporation is needed so that the Shariah-compliant status is always maintained.
Keywords: Company, Malaysia, members’ rights and liabilities, Musharakah, rights and liabilities in Musharakah, separate legal entity.
Cite as: Haji Mohiddin, M. N., Abdul Ghadas, Z. A., & Ramli, N. (2021). Developing shariah compliant corporation: An appraisal on the rights and liabilities of members under the Malaysia law and shariah. Journal of Nusantara Studies, 6(1), 59-72. http://dx.doi.org/10.24200/jonus.vol6iss1pp59-72
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Shafiee, Katayoun. "TECHNOPOLITICS OF A CONCESSIONARY CONTRACT: HOW INTERNATIONAL LAW WAS TRANSFORMED BY ITS ENCOUNTER WITH ANGLO-IRANIAN OIL." International Journal of Middle East Studies 50, no. 4 (November 2018): 627–48. http://dx.doi.org/10.1017/s0020743818000909.
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AbstractThe Iranian government's decision to nationalize its British-controlled oil industry in 1951 was a landmark case in international law. The Anglo-Iranian Oil Company and the Iranian government clashed over whether international authorities had the right to arbitrate for them in disputes over the terms of the oil concession. Scholarship in Middle East studies has overlooked the role of concession terms in shaping political disputes in the 20th century. Rather than seeing legal studies of the oil industry on one side and power struggles and resources on the other, this article examines international court proceedings at The Hague to argue that Anglo-Iranian oil transformed international law. Novel mechanisms of economic and legal governance, set up to deal with an expanded community of nation-states, worked as techniques of political power that equipped the oil corporation with the power to associate Iran's oil with foreign control while generating new forms of law and contract that undermined resource nationalism.
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Beach, Robert. "Facility Sustainment and Firm Value: A Case Study Based on Target Corporation." Journal of Sustainable Real Estate 3, no. 1 (January 1, 2011): 232–53. http://dx.doi.org/10.1080/10835547.2011.12091816.
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Sinaga, Henry Dianto Pardamean. "THE CRIMINAL LIABILITY OF CORPORATE TAXPAYER IN THE PERSPECTIVE OF TAX LAW REFORM IN INDONESIA." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 29, no. 3 (January 12, 2018): 542. http://dx.doi.org/10.22146/jmh.17638.
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Abstract:The raise of tax evasion by corporation has been detrimental of state revenue, so it is required to ascertain the persona in crime and formulation of in absentia investigation of the corporate taxpayer crime in Indonesia. This legal descriptive-comparative-analytical research generates that corporate an/or human can be accounted for either jointly or individually in tax crime undertaken of the corporate taxpayer. Furthermore, in absentia investigation of the corporate taxpayer crime could be filed as long as fulfilling formil and material requisite. It is expected the affirmation of any person definition and corporate taxpayer crime categories in the future tax reform framework. Intisari:Maraknya penggelapan pajak oleh badan hukum sangat merugikan pendapatan negara sehingga perlu untuk mengetahui pertanggungjawaban pidana dan formulasi penyidikan in absentia pidana yang dilakukan Wajib Pajak Badan di Indonesia. Penelitian yang bersifat deskriptif – komparatif - analitis ini menghasilkan bahwa badan hukum dan/atau manusia dapat dipertanggungjawabkan baik bersama-sama atau sendiri-sendiri dalam pidana yang dilakukan Wajib Pajak Badan. Selain itu, penyidikan in absentia dalam pidana Wajib Pajak Badan di Indonesia dapat diberkaskan dengan tetap memenuhi syarat formil dan materiil. Dalam kerangka pembaharuan hukum pajak diharapkan terdapat penegasan dalam undang-undang perpajakan terhadap unsur setiap orang dan kategori pidana Wajib Pajak Badan.
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KOSTYASHKIN, Ivan O., Nadiia I. CHUDYK-BILOUSOVA, Liudmyla S. TARANENKO, Alla V. ANDRUSHKO, and Natalia M. LOGINOVA. "Land Ownership in Ukraine: Reform Issues." Journal of Advanced Research in Law and Economics 11, no. 4 (June 15, 2020): 1175. http://dx.doi.org/10.14505//jarle.v11.4(50).13.
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At present, the issue of land market reform for Ukraine is extremely urgent, as the state has for over 20 years been operating a moratorium on the alienation of agricultural land. The prudent transition from a moratorium on the alienation of agricultural land to the modern land market is a priority area for land reform. The purpose of the paper is to conduct a scientific analysis of the current state of land market reform in Ukraine, as well as to compare the chosen reform path with the experience of developing the mechanisms of legal regulation of the land market in several European countries. Methods traditional for legal studies in Ukraine were used to achieve this purpose: historical law; comparatively law; formal law. The study found that a moratorium on the sale of agricultural land leads to the existence of a gray land market, which benefits primarily large corporations, and violates the rights of other business entities. State regulation in the EU countries is expressed in limiting the size of land, control over compliance with the change of purpose of land or the absolute prohibition of its change, restrictions on admission to the purchase of land by foreigners, obtaining special permits for the acquisition of agricultural land, etc. To fulfil the potential of the land market and fully protect the rights of landowners, it is important to consider not only the expansion of opportunities for sale but also the lease of land. The experience of the European Union states that the priority way of development of the land market is its development through stimulation of the farming method of land tenure and land use, which contributes to the performance of the social function by the land.
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Lin, Li-Wen. "Mandatory Corporate Social Responsibility? Legislative Innovation and Judicial Application in China." American Journal of Comparative Law 68, no. 3 (September 1, 2020): 576–615. http://dx.doi.org/10.1093/ajcl/avaa025.
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Abstract Corporate social responsibility (CSR) is often understood as voluntary corporate behavior beyond legal compliance. The recent emergence of CSR legislation is challenging this typical understanding. A number of countries including China, Indonesia, and India have expressly stated in legislation that companies shall undertake CSR. However, the CSR law is controversial. Critics of CSR see the law as an unwise effort to challenge profit maximization as the only social responsibility of the corporation. Even CSR advocates welcome the CSR law with great caution. Given the vague statutory language of CSR, the practical application of the law places high demands on the judiciary. However, as the countries that have adopted the CSR law are mainly developing countries with rather weak legal institutions, it raises a common concern that the law is simply an innovation without implementation. This Article conducts an empirical study of China, an early adopter of CSR legislation. The empirical analysis of Chinese court cases reveals what the CSR law means in judicial practice, whether CSR is in fact mandatory, and in what types of disputes CSR is relevant or outcome determinative. Among various findings, this Article shows that the CSR law is by no means as useless as commonly expected. The meaningful application of the law is attributable to the law’s compatibility with China’s legal infrastructure and sociopolitical institutions. Chinese courts have innovatively applied CSR in various contexts far beyond the traditionally Western-led focus on directors’ fiduciary duties. The Chinese experience suggests that the CSR law is more of a judicial review standard than a corporate behavior standard, which further confirms the importance of judicial capacity in implementing the vague law. This Article concludes with insights for the corporate purpose debate from a comparative perspective and with policy suggestions for adopting CSR legislation.
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Nigrini, Mark J. "Audit Sampling Using Benford's Law: A Review of the Literature with Some New Perspectives." Journal of Emerging Technologies in Accounting 14, no. 2 (April 1, 2017): 29–46. http://dx.doi.org/10.2308/jeta-51783.
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ABSTRACT Accounting studies have used the premise that nonconformity to Benford's Law (hereafter, Benford), which gives the expected patterns of the leading digits in numerical data, is a red flag for fraud. This study reviews Benford's Law and divides the accounting applications into five categories. A proposed Benford-based audit sampling method, which selects as the audit sample the set of transactions or balances that needs to be removed from the audit population to leave a remainder that conforms to Benford, is reviewed and reexamined. The finding is that the method, as advocated, can generate large audit samples and that the accuracy rate is questionable, even when known errors are seeded into the data. The study then reviews some new perspectives on using Benford's Law in auditing by reviewing (1) the mathematical bases for expecting Benford conformity, (2) the type of auditee data that are appropriate for Benford-based sampling, (3) various options to limit the sample size, and (4) the limitations of a Benford-based sampling approach. These perspectives draw on some facts related to the way in which the HealthSouth Corporation financial statement fraud was executed.
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Szadziewska, Arleta, Beata Kotowska, Lina Kloviene, Sergiy Legenchyk, Darija Prša, and Maria Teresa Speziale. "Non-financial reporting by an international corporation in the light of new mandatory regulations." Zeszyty Teoretyczne Rachunkowości 109, no. 165 (October 29, 2020): 105–38. http://dx.doi.org/10.5604/01.3001.0014.4344.
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Purpose: Directive 2014/95/EU gave the EU Member States a certain flexibility when transposing it into national law. Each Member State could, therefore, decide to introduce regulations of varying degrees of stringency. Thus, the purpose of the article is: 1) to indicate the main differences in the implementation of the Directive and the national provisions in countries selected for the study; 2) to determine and compare the range of non-financial indicators published by branches of an international corporation that operates in the selected countries, after the introduction of changes to the reports; 3) to determine differences in the reporting of non-financial ratios existing between entities operating within one capital group in the EU and outside of it. Methodology/approach: Comparative analysis and content analysis were used to achieve the objectives of the article. Findings: The results suggest that countries should adopt into their national laws various items, including the definition of a large entity that is required to make non-financial disclosures, the need for external verification of this type of information, and the adoption of sanctions for failing to publish such information. The content analysis of individual branches’ non-financial reports also revealed a wide range of non-financial indicators. What is more, significant differ-ences were found between the scope of the non-financial indicators published by the capital group and those of its subsidiaries. Originality/value: To date, little research has been done on the impact of this regulation on the practice of non-financial reporting. Our research, therefore, expands the knowledge on the subject, despite the fact it does not cover a large number of enterprises. It constitutes a new approach to non-financial disclosure analysis since the study covers non-financial reports of a capital group and its subsidiaries that operate in different countries.
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Mukhtar, Sohaib, Zinatul Ashiqin Zainol, and Sufian Jusoh. "Civil Procedure of Trademark Enforcement in Pakistan: A Comparative Analysis with Malaysia and USA." Journal of Asian Research 3, no. 2 (April 3, 2019): 95. http://dx.doi.org/10.22158/jar.v3n2p95.
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<em>Civil procedure of trademark enforcement runs in Pakistan under Trade Marks Ordinance 2001, Code of Civil Procedure 1908 and Specific Relief Act 1877. Trademark is one of the components of Intellectual Property Law, it is a mark, name, sign, smell or a sound which distinguishes goods and services of one undertaking from goods and services of other undertakings. It is required to be distinctiveness and non-descriptive, it losses its distinctiveness when owner of registered trademark does not take prompt action against its infringement. The registered trademark owner may file civil suit against infringement of his registered trademark before the concerned District Court of Law for claiming damages and obtaining injunctions. The Trademark Registry works under Intellectual Property Organization of Pakistan (IPO-Pakistan) for registration and protection of trademarks in Pakistan. Similarly, Intellectual Property Corporation of Malaysia (MyIPO) is empowered agency of trademark registration and its protection in Malaysia. The United States Patent and Trademark Office (USPTO) is responsible for registration and protection of trademarks in United States of America (USA). Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) is the only International Treaty which contains exhaustive provisions on trademark enforcement includes civil procedure, administrative procedure, criminal procedure, provisional and border measures. Important civil procedure of trademark enforcement issues need to be clarified in trademark law of Pakistan includes trademark infringement, trademark dilution and rectification of trademark register. This article is comparative analysis of civil procedure of trademark enforcement in Pakistan, Malaysia and USA.</em>
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Rieber, Alfred J. "Thomas C. Owen. The Corporation under Russian Law, 1800-1917: A Study in Tsarist Economics. New York: Cambridge University Press, 1991. xviii, 234 pp. $49.50." Canadian-American Slavic Studies 25, no. 1-4 (1991): 266–68. http://dx.doi.org/10.1163/221023991x00281.
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Wade, Jill. "Wartime Housing Limited, 1941 - 1947: Canadian Housing Policy at the Crossroads." Articles 15, no. 1 (October 21, 2013): 40–59. http://dx.doi.org/10.7202/1018892ar.
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Between 1941 and 1947 a federal crown corporation called Wartime Housing Limited (WHL) successfully built and managed thousands of rental units for war workers and veterans. WHL represents a directly interventionist approach to housing problems and demonstrates that the federal government could efficiently meet social needs by participating in housing supply. Though the Advisory Committee on Reconstruction recommended a national, comprehensive housing program emphasizing low-rental housing, the federal government initiated a post-war program promoting home ownership and private enterprise and, in the process, neglected long-range planning and low income housing. In addition, during the late 1940s, WHL's stock of affordable housing was privatized. This market-oriented perspective hindered advances in postwar housing policy in the same way that, for decades, the poor law tradition blocked government acceptance of unemployment relief. This paper reviews the housing record of WHL and examines the federal government's failure to redirect WHL's expertise into a permanent low-rental housing agency at the war's end.
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Arana Landín, Sofía. "A study of the statutory background for worker cooperatives in the US: a proposal for a regulatory framework." Boletín de la Asociación Internacional de Derecho Cooperativo, no. 54 (July 22, 2019): 19–54. http://dx.doi.org/10.18543/baidc-54-2019pp19-54.
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The lack of a clear and comprehensive regulatory framework for worker cooperatives is one of the main causes for their scarcity in the USA, as it causes ignorance and uncertainty even though cooperatives are one of several forms of doing business recognized by the Internal Revenue Code (like sole proprietorships, partnerships, limited liability companies, LLC’s, and Subchapter S corporations). Tax laws divide businesses into those categories, each with its own special tax provisions and worker cooperatives try to fit into any of those forms of business while “acting on a cooperative basis”, thus, having their own specificities. Even though at a State level there are regulations for agricultural cooperatives in all States, there are only less than 30 States that have either worker cooperative regulations, general cooperative regulations or consumer regulations which worker cooperatives can use. However, the situation in the USA now demands for these entities. The fact that a particular attention is being given to worker cooperatives as an aftermath of the recent crisis is not news, as we have seen, historically2, cooperatives have traditionally emerged in situations where the public sector was unable to provide the response required by the people, for instance in support for financial access, housing, or decent livelihoods. As ZEULI and CROPP state it: “The historical development of cooperative businesses cannot be disconnected from the social and economic forces that shaped them. Co-ops then, as now, were created in times and places of economic stress and social upheaval”. Different studies during the previous recession show how worker cooperatives increase their turnover and number of jobs, while other enterprises shrink, being this the reason why their study at this moment becomes a must. Thus, there should be a minimum understanding and control of what a worker cooperative is in order to be able to register and act like a real worker cooperative. Quoting GUTNECHT “allowing something that is not a cooperative to call itself a cooperative squanders a precious asset – the goodwill and public trust that reposes in the word ‘cooperative’”. Thus, the USA is missing a very important instrument in order to fight against unemployment, inequality, income maldistribution and unsustainable development at a time when there is a conscience by a majority of the population in different movements that demand a change. This change is possible if educational, cultural and legal issues are properly addressed, as it has been done in other countries and higher instances, creating a fairer, equitable and more cohesive and sustainable society, thus a better world to live in. This paper aims to conduct a comparative statutory research on cooperative law for worker cooperatives in the USA, with a view of promoting an increased understanding within the academic and governmental communities, at a national and international level in order to promote worker cooperatives. In the case of New York public policies tacking this issue are already being devised. If this goal is achieved we will all benefit from them.Received: 26 April 2018 Accepted: 08 April2019Published online: 22 July 2019
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Dobryakov, Denis A. "THE LEGAL STATUS OF A LAWYER IN THE RUSSIAN FEDERATION AND THE REPUBLIC OF KOREA: COMPARATIVE-LEGAL ANALYSIS." RUDN Journal of Law 24, no. 2 (December 15, 2020): 353–88. http://dx.doi.org/10.22363/2313-2337-2020-24-2-353-388.
Full textAbstract:
Corporations of attorneys-at-law (in Russian this term is a synonym to advocate and similar to lawyer; it means a legal professional who passed qualification exam and obtained special status of a lawyer) in the Russian Federation and the Republic of Korea passed complicated historical way and now have many common and even universal features, though circumstances of their forming were completely different. In both Russia and Korea lawyers are members of one of the most significant civil society institutions, which protect rights of their citizens, seeking legal advice or receiving such advice by other means (for example, when a lawyer was designated by investigator in the Russian Federation). Attorneys-at-law face challenges in their qualification and practical experience. Candidates for the status must pass a special test (the qualification exam), but there are some exceptions. One of the important differences is Korean law on the bar and lawyer activities regulated by the Russian legislation. If in Russia every candidate for lawyer's status must pass qualification exam without any exceptions in terms of experience and previous employment, in the Republic of Korea former prosecutors and judges have privileged position and are exempted from the examination as appropriate level of their qualification is presumed. At the same time, in the Russian Federation a candidate for lawyer's status is a priori jurist what means that he must have higher education in the field of law, while in the Republic of Korea access to the attorneys corporation in open to everyone regardless of the level and profile of education. However, non-jurist candidates must pass a bar exam. This article provides a comparativelegal analysis of the development and modern regulation of the legal status of a lawyer in the legislation of the Russian Federation and the Republic of Korea, examines both the differences of the legislation of the named countries, as well as common features. Besides this study is one of the first in the Russian legal science with reference to the Korean bar.