Academic literature on the topic 'Legal Directories'
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Journal articles on the topic "Legal Directories"
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Garratt, Olwyn. "Legal Information Services in South Africa." Legal Information Management 2, no. 1 (2002): 30–32. http://dx.doi.org/10.1017/s1472669600000980.
Full textAbstract:
There are currently 18,456 attorneys and Candidate attorneys registered with the Law Society of South Afric and 5,941 registered law firms (CLE 2002). Data is not yet available regarding the size distribution of these law firms but a glance at any of the national legal directories will reveal that the majority of attorneys operate as solo practitioners or in association with a few colleagues. A large city practice will generally be well supplied with information resources and with assistance from a librarian or information professional. In a small practice, the information resources that the attorney has at his or her disposal may be limited to a few textbooks, supplemented in some cases with access to electronic databases and Internet resources. Small practices seldom employ information professionals, although they may make use of the services of information agencies and independent contractors to assist with research and/or information management.
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RICHTER GOMES, SANDRO ARAMIS. "O PARTIDO CONSERVADOR NA PROVáNCIA DO PARANá: composição social, conflitos internos e transição de comando polático em dois diretórios partidários (Curitiba e Paranaguá, 1876-1879)." Outros Tempos: Pesquisa em Foco - História 13, no. 21 (June 30, 2016): 38–64. http://dx.doi.org/10.18817/ot.v13i21.505.
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Neste artigo é empreendida uma abordagem acerca da estrutura interna do Partido Conservador do Paraná, no recorte temporal que abarca os anos de 1876 e 1879. Compete salientar que as notácias publicadas pelo jornal O Paranaense concentram informações sobre as divergências poláticas que, á época, existiam entre os diretórios conservadores de Curitiba, situada no primeiro planalto da prováncia, e de Paranaguá, localizada no litoral. Primeiramente, são analisadas as diferenças concernentes á hierarquização dos diretórios da capital e do litoral. Demonstra-se que o diretório de Curitiba era mais propenso a incorporar e a conferir posições de liderança a indiváduos não originários do Paraná. Em seguida, será evidenciado que o diretório de Paranaguá era mais refratário a tal absorção. Nesse municápio, o controle dos esquemas partidários era gerido pelos negociantes ervateiros e pelos seus descendentes que possuáam formação jurádica.Palavras-chave: Diretórios partidários. Divergências poláticas. Lideranças regionais.THE CONSERVATIVE PARTY IN THE PROVINCE OF PARANá: social composition, internal conflicts and transition of political leadership in two party directories (Curitiba and Paranaguá, 1876-1879)Abastract: In this article it is undertaken an approach about the internal structure of the Conservative Party of Paraná, in the time period that covers the years of 1876 and 1879. In this context, it will be shown that the news published by the newspaper ”O Paranaense” reunite information about political divergences that, in that time, took place among conservative directories of Curitiba, located on the first high plateau province, and Paranagua”™s set at the coastside. At first, there will be analyzed the differences concerning the capital and the coast directory hierarchicalization. It is demonstrated that the Curitiba directory was more likely to incorporate and give leadership positions to individuals not originated from province of Parana. Next, it will be emphasized that the Paranaguá directory was more refractory to such absorption. In this municipality, the control of party schemes was managed by yerba mate dealers and their descendants who had legal training.Keywords: Directories parties. Political divergences. Regional leaderships. EL PARTIDO CONSERVADOR EN LA PROVINCIA DE PARANá: composición social, conflictos internos y transición de liderazgo polático en dos directorios partidarios (Curitiba y Paranaguá, 1876-1879)Resumen: En este artáculo se toma un enfoque acerca de la estructura interna de la del Partido Conservador de Paraná, entre los años de 1876 y 1879. En este marco, se demostrará que la noticia publicada por el periódico O Paranaense concentra información sobre las diferencias poláticas entre los directorios conservadores de Curitiba, ubicada en la provincia meseta, y Paranaguá, situada en la costa. En el siguiente paso, que analizan las diferencias en cuanto a la jerarquáa de directorios de la capital y la costa. El directorio de Curitiba era más probable dar puestos de liderazgo a las personas que no sean originarios del Paraná. Es evidente que el directorio de Paranaguá fue más refractario a tal absorción, por lo que en este municipio, el control de los regámenes de partido fue manejado por los distribuidores de yerba mate y sus descendientes, que tenáan formación jurádica.Palabras clave: Diferencias poláticas. Directorios partidarios. Láderes regionales.
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Darbinyan, T. A. "Job Description as a Way of Determining the Employee's Duties." Actual Problems of Russian Law, no. 7 (July 1, 2018): 145–52. http://dx.doi.org/10.17803/1994-1471.2018.92.7.145-152.
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The problem of the lack of a clear understanding of the legal nature of the employee's job description in the legislation and law enforcement practice is considered. The priority is given to the conditions of the labor contract regarding the labor function in relation to the job description, including disputes related to the establishment and change of the employee's duties. The employee's labor duties are considered as a structural element of the labor contract. The right of the employer to determine the labor obligations of the employee at his own discretion is substantiated. At the same time, the criteria restricting this right are singled out. Based on the example of law-enforcement practice, the specifics of applying qualification directories in determining the employee's duties are also considered. It is proposed to make clarifications of some norms of the Labor Code of the Russian Federation, namely of Art. 21 and 22, with an indication of the establishment of work responsibilities by the employer. These measures will make it possible to avoid collisions that arise in connection with the definition and establishment of the employee's work duties.
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Ćwik, Katarzyna. "Elimination DNA database – an opportunity or a threat? A review of the functioning of elimination databases in selected countries." Issues of Forensic Science 295 (2017): 43–55. http://dx.doi.org/10.34836/pk.2017.295.1.
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One of the basic provisions laying down the rationale for the functioning of elimination DNA databases is the 20th recommendation of the European Network of Forensic Science Institutes - ENFSI, set out in the document entitled: “The DNA Database management. Review and recommendations”, developed by ENFSI DNA Working Group. The recommendation states clearly that each DNA database should also include an elimination database(s) containing the profiles and data of persons who may have been the source of the so-called cross-contamination of traces being the subject of analysis. The purpose of this article was to illustrate the essence of functioning of elimination DNA databases on the example of selected countries, with particular regard to, among others, system solutions applied, directories of persons subject to registration, legal basis and the number of contamination events detected as a result of database querying. A bibliographic query and analysis of source materials and foreign procedures enabled the author to present system solutions and the basics of functioning of selected elimination DNA databases established worldwide. Moreover, the author emphasized the importance of elimination databases as a tool for identifying the offenders and highlighted certain opportunities and risks involved in their implementation.
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Dambuev, I. A. "On the Normalization of Toponyms with Varying ы [y] / и [i] after ц [ts]." Nauchnyi dialog, no. 5 (May 30, 2020): 38–62. http://dx.doi.org/10.24224/2227-1295-2020-5-38-62.
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The article is devoted to the study of the variation of the letters ы [y] and и [i] after ц [ts] in toponyms ending in -цыно(а) / -цино(а) , -цынск- / -цинск- , as well as the normalization of such toponyms at the present stage. The relevance of the study is due to the need to create common principles for the normalization of place names and improve the rules of Russian spelling. The novelty of the study is seen in the use of linguistic and statistical methods on the material of the entire Russian toponymicon. On the basis of the State catalog of geographical names, legal acts, topographic maps and directories of the administrative-territorial structure, examples of variable toponyms are revealed and the features of their normalization are shown. A historical review of the codified use norm on the letter ы and и after ц is completed. Using statistical analysis, it was found that almost half of the toponyms are written contrary to the current spelling rules. The results of the analysis of the usual spelling of the considered toponyms of different regions over the past half century are presented. The principle of traditional spelling of geographical names is called into question. A case has been revealed in the spelling of geographical names that does not have a codified norm. Suggestions have been made to improve the normalization of place names ending in -цыно(а) / -цино(а) , -цынск- / -цинск- .
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성민섭. "Directors’ criminal liability as to issuance of convertible bond with under-price." KOOKMIN LAW REVIEW 23, no. 2 (February 2011): 409–47. http://dx.doi.org/10.17251/legal.2011.23.2.409.
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Андрій Шуляк. "THE MODEL OF FORMATION OF FUTURE IT TEACHERS’ PREPARATION FOR THE USE OF EDUCATIONAL WEB-RESOURCES." Collection of Scientific Papers of Uman State Pedagogical University, no. 4 (September 4, 2020): 67–77. http://dx.doi.org/10.31499/2307-4906.4.2020.224100.
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The article reveals the structure of the model of forming future IT teachers’ preparation to use educational WEB-resources. Its component composition (blocks) is established. The methodological target block includes the purpose: formation of future IT teachers’ preparation to use educational WEB-resources, and the following approaches: informational, personality-centered, systemic, competence, technological, activity; also such principles: general pedagogical (accessibility, continuity, clarity, systematicity, sequence, scientific) and specific (effectiveness, dialogue, professional mobility, creativity, interactivity, multimedia), organizational and instrumental (stages: motivational-propaedeutic, technological-productive, organizational-methodical); content: traditional basic computer science courses; elective courses, special seminars with remote support, master classes, methodical seminars; professional courses and practices of methodical preparation of students; forms (traditional: lecture-press conference, lecture-conversation, seminar-discussion, colloquium, etc.; innovative: online-lecture, streaming video, slide lecture, video lecture, multimedia lectures, e-mail consultation, e-seminars, webinars, group projects on wiki technology, case technologies, forum, network interaction, network chat, joint blogging, local and network tutorials, educational portals, directories), methods: (projects, cooperative learning), case-study, game methods (business game); “E-portfolio”, round table, associative method; method of “falsification”, information resources, “reification”, demonstration examples, precedent, expediently selected tasks; training (using teleconferences; educational modeling), tools: modeling, educational, testing software; virtual labs software; reference information (legal) systems; automated training systems; electronic educational and methodical materials; expert training systems; intelligent educational systems; means of automation of professional activity, technologies (problem-based learning, individualized learning, developmental learning, differentiated learning, active learning, game learning), evaluation-effective (components and their indicators), levels (high, medium, low), result (preparation to use educational WEB-resources in professional activities).
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Agustina, Dewi, Zainal Asikin, and Kurniawan Kurniawan. "Legal Relations and Responsibilities between Grantor and Grantee of Director’s Attorney in the Implementation of Procurement of Government Goods and/ or Services (Study of the Decision of the Mataram District Court Number: 33/PID.SUS.TPK/2015/PN.MTR)." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (June 2, 2019): 13. http://dx.doi.org/10.18415/ijmmu.v6i3.746.
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This study aims to determine the legal relations between grantor and grantees of director’s attorney in the procurement of goods/ services based on the decision of the Mataram District Court Number: 33/PID.SUS.TPK/2015/PN.MTR. This study is a normative study that uses legislative, case, and conceptual approaches and uses primary and secondary legal materials. The research results lead to one conclusion. If it is associated with Article 1338 and 1320 of the Civil Code, legal relations between grantor and grantee of director’s attorney are created when they have agreed to enter into an agreement. However, the agreement they made is not necessarily considered valid because the agreement of the director's attorney made by the two defendants including the nominee agreement in the procurement of government goods/ services is a matter which is not allowed to be carried out by business actors as the provider; moreover, it can be considered as an attempt to smuggle the law because it is considered not to fulfill one of the legal requirements of the agreement namely the existence of a cause or causal that is lawful and considered to be contrary to the principle of good faith in the agreement. Thus, the agreement of the director’s attorney made by the two defendants is null and void.
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Masum, Ahmad, Shahrul Nizam Salahudin, and Hajah Hanan Haji Abdul Aziz. "Corporate Governance and Directors Duty to Act in Good Faith and in the Best Interest of the Company: The Malaysian Experience." International Journal of Engineering & Technology 7, no. 4.38 (December 3, 2018): 795. http://dx.doi.org/10.14419/ijet.v7i4.38.27547.
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Corporate governance is not a legal term. It is a term that refers broadly to the rules, processes, or laws by which businesses are operated, regulated, and controlled. It has traditionally specified the rules of business decision making that apply to the internal mechanisms of companies. Corporate governance mechanisms have the purpose of monitoring and controlling the management of corporations resulting in more effective management and to enhance shareholder value. The aim of this paper is to examine the duty of company directors to act in good faith and in the best interest of the company by way of making reference to the Malaysian experience. This paper adopts a legal library based research methodology focusing mainly on primary and secondary legal sources. The paper concludes that although directors must exercise their discretion in good faith, the fiduciary duty to act in good faith in the interests of the company is a subjective duty. There is no breach where the directors act in what they honestly believe to be in the interests of the company. The courts are generally reluctant to override the business judgment of directors. The paper recommends that courts should adopt a flexible approach in dealing with directors’ duty to act in good faith and in the best interest of the company. The erosion of a director’s obligation to act in good faith does not bode well for the modern corporation and the economy, and a meaningful interpretation of “not in good faith” is necessary to help halt the erosion.
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Schipani, Cindy A., and George J. Siedel. "Legal Liability: The Board of Directors." Family Business Review 1, no. 3 (September 1988): 279–85. http://dx.doi.org/10.1111/j.1741-6248.1988.00279.x.
Full textDissertations / Theses on the topic "Legal Directories"
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Angeles, Tapia Alvaro Arturo, Ñacari Rony Renzo Becerra, Sandoval Jenny Valeria Guevara, Cabrera Milagros Liliana Hermitaño, and Huamaní Ana Belén Martínez. "Proyecto de Directorio de Abogados Online: Vínculo Legal." Bachelor's thesis, Universidad Peruana de Ciencias Aplicadas (UPC), 2019. http://hdl.handle.net/10757/651726.
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El presente trabajo de investigación está basado en la implementación y desarrollo de un negocio a modo de emprendimiento con un gran potencial de escalabilidad, innovación y crecimiento, apoyándonos en modelos de negocio que aprovechan las nuevas tendencias y tecnologías disponibles para la realización de una idea.
Nosotros elegimos el desarrollo de una plataforma web, de modo que esta funcione como un servicio de directorio de abogados en línea. Esta plataforma fue desarrollada con el fin de beneficiar a los estudios de abogados, abogados y practicantes de la carrera de derecho que cuenten con dificultades de conseguir nuevos clientes. Por otro lado, también pensamos en las personas que tienen problemas al momento de contactar a un abogado especializado o que necesiten una asesoría legal económica.
Este trabajo presenta los fundamentos primarios de investigación, validaciones de todo el modelo de negocio planteado para probar que la idea es factible, los resultados de las ventas realizadas por medio de canales seleccionados, plan operativo propuesto, los planes de recursos humanos, marketing y responsabilidad social corporativa, así también como el plan financiero para poder hacer realidad esta idea de negocios y las conclusiones finales del mismo.This research work is based on the implementation and development of a business like an entrepreneurship with great potential of scalability, innovation and growth, based on business models that take advantage of the new trends and technologies available for the realization of an idea. We choose the development of a web platform which works as an online lawyer directory service. This platform was developed in order to benefit the studies of lawyers, lawyers and practitioners of the law career who have difficulties for getting new clients. On the other hand, we also think in people who have problems for contacting a specialized lawyer or need economic legal advice. This paper presents the primary fundamentals of research, validations of the entire business model raised to prove that the idea is feasible, the results of sales made through selected channels, proposed operational plan, human resources, marketing and the corporate social responsibility plan, as well as the financial plan to realize this business idea and the final conclusions.
Trabajo de investigación
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Clarke, Blanaid. "Directors and the frustration of hostile takeovers of Irish listed companies : legal and regulatory responses." Thesis, University of Manchester, 2001. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.488108.
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Aleshaikh, Abdullatif Mohammed. "Towards legal reform of Saudi law of directors' duties and of enforcement by derivative action." Thesis, University of Glasgow, 2018. http://theses.gla.ac.uk/30630/.
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Directors’ duties of care and loyalty and their enforcement by derivative action, are important elements in the company law system. Such mechanisms are introduced to ensure that directors are subject to a satisfactory level of accountability and control while managing a company. This research employed the comparative law approach to identifying problems in, and to proposing reform for, the Saudi Arabian law of directors’ duty to act with care and in good faith in the company’s general interests, and to avoid conflicts of interest, with particular focus on the corporate opportunities and self-dealing transactions and the Saudi law of derivative actions. The main objective of this study was to propose a reform of Saudi law of directors’ duties and of derivative actions. By using the company law of the United Kingdom (UK) as benchmark, this study evaluates the clarity, certainty and accessibility of Saudi law and identifies weaknesses and deficiencies. The feasibility of transplanting selective legal ideas and rules from the UK company law to its Saudi counterpart in order to develop a framework for legal reform in Saudi Arabia is examined. The argument here is that the Saudi law of directors’ duties of care and loyalty and derivative actions suffers from serious deficiencies, despite the introduction of the new Companies Law of 2015. While the new Saudi Corporate Governance Regulations 2017 have tackled some issues in the areas of directors’ duties, there is still room for improvement. The uncertainty in the law of directors’ duties and enforcement is sufficient in itself to justify the reform of law. Moreover, the limits of other legal and non-legal mechanisms of accountability in the Saudi context suggest that alternative mechanisms would not adequately ensure the accountability of directors. Throughout the examination of the feasibility of reform by way of legal transplantation, the study takes into account that the UK legal model is only transferable if it can be adapted to fit within the institutional structure and legal environment in Saudi Arabia. This is necessary to ensure proper reception of foreign rules by the new environment of the host country. The finding is that transferability of most UK legal models and rules is feasible. Throughout this consideration of a reform agenda for the Saudi law of directors’ duties and derivative actions, the research has been guided by a policy that requires striking a balance between the need to increase directors’ accountability and the need to protect the directors’ exercise of their managerial authority.
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Zhou, Tian Shu. "China's legal reform of corporate governance : from theoretical research to practical solutions." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6416.
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There are two tasks of this dissertation. Firstly, it will make a contribution from a theoretical perspective. Some Western scholars conclude that rules and institutions transplanted from Western jurisdictions have not worked well in the Chinese legal system so far. This is because the level of consistency between the transplanted rules or institutions and the local context is still at a low level. However, this dissertation takes a different position. By solving a series of unanswered questions, it will make a theoretical contribution to the scholarship on comparative corporate governance in the context of the transitional economy. By and large, it will answer the question: "why can China, as representative of a transitional economy, not escape from the faith of legal transplant in its legal reform of corporate governance". Secondly, this dissertation will make a contribution from a practical perspective. Many Chinese lawyers and Western scholars complain that Chinese company law is suffering deeply from the problem of ambiguity. Indeed, it is poorly and inconsistently drafted. There is, nevertheless, no systematic study on how to solve this problem in a pragmatic manner. In light of the proposed theoretical research, this dissertation will provide an important response on this issue. It rebuilds the director's fiduciary duties and shareholder's fiduciary duties by inserting some workable legal rules from the UK into the existing legal regime in China.
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Pavasant, Nopnuanparn. "Director's responsibilities : a study of Thai corporate governance and ethics." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hdl.handle.net/10722/197107.
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Corporate governance of Thailand has been developed and reformed, particularly after 1997 Asian financial crisis. However, problems regarding director’s responsibilities are still entrenched in company law and corporate practices. The challenges of Thai corporate governance on director’s responsibilities are found in the areas of director’s accountability and minority shareholders protection. Legal provisions on director’s fiduciary duties and director’s duty of care and skill are unable to regulate director’s misbehaviors. Directors are not fully aware of their proper responsibilities to the company. They tend to act for their own interest or interest of their group, the controlling shareholders. In addition, legal enforcement on director’s responsibilities is not effective in practice. Shareholders litigation or other actions against directors who are in breach of their duties is rare, though there is derivative action provided as remedy for minority shareholders. In finding solutions for those problems, all relevant aspects should be brought into consideration. Corporate governance on director’s responsibilities is related to law, business and ethics. Director’s responsibilities are matters concerning human conducts, actions, behaviors as well as practices. They are related to ethics of each company director and ethics of the board members as a whole. In addition to legal and business aspects, ethical aspect should also be considered in the reform of corporate governance on director’s responsibilities of Thailand. This thesis is the study of Thai corporate governance on director’s responsibilities and ethics in order to find appropriate ethical theory where good corporate governance principles will be built on. Among relevant ethical theories i.e. utilitarianism, Kantian ethics, virtue ethics and contractualism, virtue ethics of Aristotle is the most appropriate ethical theory to be applied to corporate governance on director’s responsibilities of Thailand. It is suitable for the nature of corporate governance on director’s responsibilities, the conditions underlying its problems, and the understanding and practices of people in Thai society. Virtues and means of virtue ethics should be applied as complements to fiduciary principles for enhancing director’s accountability. The doctrine of mean of virtue ethics should be applied as complement to derivative action for enforceability and effectiveness of minority shareholders protection. In this regard, some related regulations and codes of best practices will be prescribed by adopting appropriate virtues or means, and the relevant regulators i.e. the Securities and Exchange Commission (the SEC) and the Stock Exchange of Thailand (the SET) will be given authority to interpret and apply such regulations and codes of best practices on a case by case basis.published_or_final_version
Law
Master
Doctor of Legal Studies
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Sparis, Lauren Cheryl. "Can directors be held personally liable to shareholders in the context of South African law." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73595.
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Considering the recent corporate scandals over the past couple years – VBS Mutual Bank, McKinsey & Trillian, Steinhoff, EOH and possibly Tongaat Hulett to name but a few – many shareholders may seek to hold the directors and management of such entities personally liable for their involvement or negligence. Especially where their actions were tantamount to fraud, they benefited in some way and or as a result the company, and possibly the shareholders, suffered damages. This is especially true when a company as consequence is liquidated and cannot institute action on its behalf.
It is submitted that directors are rarely held personally liable for failing to fulfill their duties, let alone liable to the shareholders. The risk of failing to monitor internal controls or business risks, and to hold those acting on behalf of the company responsible and accountable for their actions, is dangerous due to the significant effect that such failure could have on the economy, for example the economic collapse with respect to the recent Steinhoff debacle.
Whereas the earlier Companies Act 61 of 1973 did not necessarily ‘spell out’ directors’ duties in detail, the Companies 71 of 2008 comprehensibly records their statutory and common law duties. To this extent the board is held accountable and can ensure proper governance in the company’s internal affairs.
Shareholders expect management to maximise the value of a company for the benefit of the shareholders and to act in their best interest. In achieving this, directors are required to act in the best interests of the company. However, directors may use their elevated position for their own personal gain and self-interests. Thus, in which circumstances will courts pierce the corporate veil, stepping aside from a company’s unique legal personality, to impute liability to the wrongdoers lurking behind?
The relationship between directors, a company and its shareholders is a fiduciary one which imposes certain duties upon directors. However, it is well established in law that directors’ duties are owed to the company itself.
Thus, considering common and statutory law, on what legal basis would shareholders be able to bring a claim against directors for the loss or damage they suffered due to an act of the directors? Considering the above, this paper seeks to explore directors’ liability to shareholders within South Africa’s common and statutory law, bearing in mind entrenched legal principles, such as the argument that fiduciary duties are duties owed to the company and not to individual shareholders; and that as a result only the company can impose liability on its directors.Mini Dissertation (LLM (Corporate Law))--University of Pretoria, 2019.
Mercantile Law
LLM (Corporate Law)
Unrestricted
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Bersheda, Vucurovic Tetiana. "Civil liability of company directors and creditor protection in the vicinity of insolvency : comparative analysis based on the Swiss and English legal systems /." Zürich [etc.] : Schulthess, 2007. http://aleph.unisg.ch/hsgscan/hm00205133.pdf.
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MARSILI, TOMMASO. "POTERE DI RAPPRESENTANZA E RILEVANZA ESTERNA DEL PROCEDIMENTO DECISORIO NELLE SOCIETA' DI CAPITALI." Doctoral thesis, Università Cattolica del Sacro Cuore, 2012. http://hdl.handle.net/10280/1549.
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La tesi concerne il potere di rappresentanza degli amministratori e la rilevanza esterna del procedimento decisorio nelle società di capitali. Dall’interpretazione della direttiva 2009/101/CE risulta un sistema che stabilisce l’opponibilità dei limiti legali e l’inopponibilità dei limiti convenzionali. Dalle limitazioni soggettive consentite dalla direttiva si ricava “per sottrazione” che il diritto europeo prevede una regola suppletiva secondo la quale il potere di rappresentanza spetta a ciascun amministratore disgiuntamente. Nel diritto interno, nel silenzio delle fonti convenzionali, la mancanza di un’espressa regola suppletiva determina l’operatività della regola suppletiva europea. La fonte del potere di rappresentanza ha natura legale ma le fonti convenzionali possono stabilire delle limitazioni soggettive opponibili ai terzi ex artt. 2383, comma 4°, e 2448 c.c. Ammessa la rilevanza esterna dei limiti legali ai poteri degli amministratori, accogliendo la tesi secondo cui nelle società di capitali la dissociazione tra potere gestorio e potere rappresentativo costituisce un elemento del modulo organizzativo legale dell’amministrazione pluripersonale, si sostiene che il mancato rispetto del procedimento decisorio sia opponibile ai terzi che la società provi essere stati a conoscenza o aver colpevolmente ignorato il vizio affettante un presupposto legale del procedimento collegiale richiesto dalla legge (art. 2388, comma 5, c.c.).This thesis concerns the power of representation of the directors and the external relevance of the decisional process in italian companies. The Directive 2009/101/EC provides a system in which the legal limits can be invoked and the internal limits cannot be invoked with respect to third parties. From the subjective limitations allowed by the Directive is obtained "by subtraction" that European law provides a default rule, according to which every director has the power of representation separately. In domestic law, in the silence of the statute, the lack of an explicit rule determines the operation of the European default rule. The source of the power of representation has a legal nature, however the statute can determine subjective limitations that can be invoked with respect to third parties. Admitting the external relevance of legal limits on the powers of the directors and accepting the argument that in case of a board of directors the legal model provides that the decision-making power is dissociated from the power of representation, it is argued that the breach of the decisional process can be invoked if the company proves that the third party knew the lack of a legal condition of the process required by law or ignored it culpably.
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Stenlund, Peik. "Corporate governance in hybrid business entities : a legal analysis of new directors´duties in community interest companies in the United Kingdom and the benefit corporations in the United States." Thesis, Stockholms universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-121024.
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López, Dalia Cesar Eduardo. "El director de una sociedad: del «ordenado comerciante y representante leal» al «director independiente e imparcial». Propuestas para un nuevo estándar de comportamiento aplicable al director de una sociedad." Master's thesis, Universidad Nacional Mayor de San Marcos, 2020. https://hdl.handle.net/20.500.12672/16503.
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Demuestra que el director de una sociedad debe
desempeñar el cargo con independencia e imparcialidad, según los
principios de gobierno corporativo, los cuales pueden hacerse exigibles
como garantía de transparencia empresarial y siendo que la revaloración del
ejercicio del cargo de director de una sociedad conllevará a satisfacer el
interés social, generar valor para el socio y/o fortalecer la administración
profesional.
Books on the topic "Legal Directories"
1
Dow, B. D. California legal experts directory. Montrose, Calif: Summit Press, 1986.
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Nollkamper, Pamela Everett. Legal secretary bankruptcy. Santa Ana, CA: James Pub., 1987.
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Esau, Alvin A. J. Manitoba socio-legal research. Winnipeg, Man: Legal Research Institute of the University of Manitoba, 1990.
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Crawford-Hopkins, Lois. Legal secretary federal litigation. 3rd ed. Santa Ana, CA: James Pub., 1986.
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Feliciano, Myrna S. Legal aid directory of the Philippines, 1986. [Manila]: U.P. Women Lawyers' Circle, 1986.
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Chambers, Michael. Chambers and Partners student guide to the legal profession: 2004. London: Chambers & Partners Pub., 2003.
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Moore, Eric S. The $51 fantasy: Legal prostitution for American men. Port Townsend, Wash: Loompanics Unlimited, 2000.
Find full textBook chapters on the topic "Legal Directories"
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Balouziyeh, John M. B. "Obligations of Directors and Officers." In A Legal Guide to United States Business Organizations, 55–67. Berlin, Heidelberg: Springer Berlin Heidelberg, 2013. http://dx.doi.org/10.1007/978-3-642-37907-9_7.
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"The Current Legal Framework Relating To Directors." In Company Directors: Duties, Liabilities, and Remedies, edited by Simon Mortimore. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198754398.003.0003.
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This work attempts to state the law of England and Wales relating to the duties and liabilities of directors of companies, both civil and criminal. The most important elements of the legal framework affecting these matters are the company’s constitution and the Companies Act 2006, but particular aspects of a director’s conduct may engage other statutory provisions (eg Insolvency Act 1986 or criminal legislation). Common law rules and equitable principles provide the background that informs the interpretation of the legislation and the assessment by the court of a director’s conduct. Also relevant are ‘industry standards’ such as the UK Corporate Governance Code, which applies to listed companies, and guidance from the Financial Conduct Authority (FCA) for companies subject to its regulation.
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Charkham, Jonathan, and Anne Simpson. "Directors: The Legal Framework." In Fair Shares, 51–60. Oxford University Press, 1999. http://dx.doi.org/10.1093/acprof:oso/9780198292142.003.0006.
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Newman, Rich. "Legal Issues." In Cinematic Game Secrets for Creative Directors and Producers, 197–208. Elsevier, 2009. http://dx.doi.org/10.1016/b978-0-240-81071-3.00014-5.
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"Legal Issues." In Cinematic Game Secrets for Creative Directors and Producers, 202–13. Routledge, 2013. http://dx.doi.org/10.4324/9780080928050-21.
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French, Derek. "15. Directors." In Mayson, French & Ryan on Company Law, 410–57. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198841517.003.0015.
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This chapter explores the role of directors in corporate governance. Rules on appointment and removal of a company’s directors are considered, followed by public disclosure of the names of directors and their work as a board, their remuneration and their powers of management. The chapter also considers the legal categorisation of directors, whether as fiduciaries, agents or trustees; the relationship between directors and shareholders of public companies; transparency; and general legal principles regarding the board of directors. Relevant legislation such as the Companies Act 2006 and the UK Corporate Governance Code, as well as particularly significant court cases, are mentioned.
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French, Derek. "15. Directors." In Mayson, French & Ryan on Company Law, 406–53. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198870029.003.0015.
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This chapter explores the role of directors in corporate governance. Rules on appointment and removal of a company’s directors are considered, followed by public disclosure of the names of directors and their work as a board, their remuneration and their powers of management. The chapter also considers the legal categorisation of directors, whether as fiduciaries, agents or trustees; the relationship between directors and shareholders of public companies; transparency; and general legal principles regarding the board of directors. Relevant legislation such as the Companies Act 2006 and the UK Corporate Governance Code, as well as particularly significant court cases, are mentioned.
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Joffe QC, Victor, David Drake, Giles Richardson, Daniel Lightman QC, and Timothy Collingwood. "Directors’ Duties." In Minority Shareholders. Oxford University Press, 2018. http://dx.doi.org/10.1093/9780198820383.003.0001.
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The general duties imposed upon directors are the corollary of their powers; they spring from the directors’ functional and normative role in conducting the company’s affairs and affecting its legal relations. Corporate law and the constitution of the company repose in them powers to act, within certain bounds, in the company’s name. And in doing so, they necessarily affect all those interested in the company’s fortunes: most fundamentally, its members. The separate legal personality afforded to a company serves, for the purposes of legal analysis, as a nexus for its members’ interests, and makes it possible to describe directors in the exercise of their powers as agents for the company. These tenets explain the origin of some of the basic duties that apply to directors in relation to the exercise of their functions: to promote the interests of the company; to exercise reasonable care, skill, and diligence; not to exceed the limits of their powers; not to profit from their position; and not to place themselves in positions where their own interests or other duties conflict with their duties to the company. In doing so, they draw on equitable and common law principles of wider application, to agents, trustees, partners, and professionals.
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French, Derek. "15. Directors." In Mayson, French & Ryan on Company Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198797234.003.0015.
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This chapter explores the role of directors in corporate governance, beginning with a discussion of the principles of corporate governance as set out in the UK Corporate Governance Code. Rules on appointment and removal of a company’s directors are considered next, followed by public disclosure of the names of directors and their work as a board, their remuneration and their powers of management. The chapter also considers the legal categorisation of directors, whether as fiduciaries, agents or trustees; the distinction between executive directors and non-executive directors; the relationship between directors and shareholders of public companies; the issue of the separation of ownership and the control of a company; transparency; and general legal principles regarding the board of directors. Relevant legislation such as the Companies Act 2006 and the UK Corporate Governance Code, as well as particularly significant court cases, are mentioned.
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"Fetters: Directors and Companies." In Pensions, Contracts and Trusts: Legal Issues on Decision Making. Bloomsbury Professional, 2020. http://dx.doi.org/10.5040/9781526511867.ch-076.
Full textConference papers on the topic "Legal Directories"
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Burnley, P. "The position of directors and managers in a criminal investigation." In IET Seminar on Railway Law for Engineers: How Legislation, Liability and Legal Issues Affect You. IEE, 2006. http://dx.doi.org/10.1049/ic:20060638.
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Parkes, Aisling, and Seán Ó Conaill. "Sports law in motion: The Sports Law Clinic @UCC - A unique learning and teaching space for student engagement, dynamism and creativity." In Learning Connections 2019: Spaces, People, Practice. University College Cork||National Forum for the Enhancement of Teaching and Learning in Higher Education, 2019. http://dx.doi.org/10.33178/lc2019.07.
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UCC Sports Law Clinic is the only undergraduate clinic of its kind in the world (https://sportslawclinic.wordpress.com/). It was initially founded and developed by Dr Aisling Parkes and Dr Seán Ó Conaill (UCC School of Law) in 2015, established on foot of an Irish Research Council New Foundations Award. The Clinic not only provides undergraduate law students with an exceptional research experience, as well as an extraordinary learning experience in terms of skills development and application of law to facts, but it also provides a free legal information service to the wider community both within and outside of UCC. It is a student-led initiative and encourages students to be creative, innovative and to think outside the box. Through student research, overseen by Dr Ó Conaill and Dr Parkes as clinic directors, a much-needed pro bono information service in the field of sport is made accessible to the local community.
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Molotnikov, A. "The Issue of Control in State-Owned Enterprises in Russia and China: The Board, Affiliation, and Independent Directors: Comparative Legal Analysis." In XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200321.114.
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Doonan, Samantha, and Julie Johnson. "Participation in the Massachusetts Adult-Use Cannabis Industry by Race/Ethnicity and Gender Across Job Titles." In 2020 Virtual Scientific Meeting of the Research Society on Marijuana. Research Society on Marijuana, 2021. http://dx.doi.org/10.26828/cannabis.2021.01.000.3.
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States across the U.S. are increasingly legalizing cannabis for recreational purposes (“adult-use”) through licensure of privately-run cannabis establishments. Legalization efforts have partially emerged in response to unequal prohibition enforcement which disproportionately affects Black and Hispanic/Latino communities. However, the extent to which people from communities most affected by prohibition are included in the legal industry is unknown. This study is a preliminary analysis of participation by race/ethnicity and gender across job titles in the Massachusetts adult-use cannabis industry from its inception through April 2020 (18-month time span). Data were extracted from cannabis establishments (i.e., licensed adult-use cannabis businesses that collectively form the cannabis industry in Massachusetts). Agent registration forms are required for board members, directors, executives, managers, employees, and volunteers across all license types (e.g. retail, cultivation, product manufacturing). As of April 2020, there were 4,907 unique agents (volunteers excluded) across 205 cannabis establishment licenses. Among agents, 77% were White, 9% were Hispanic/Latino, and 6% were Black/African American, <3% identified other racial and ethnic groups, and data were missing for approximately 6% of the sample (exceeds 100%, as persons can be included in more than one race/ethnicity). Excluding agents with missing race/ethnicity or gender (n=347) and grouping persons at two-levels: (1) white or not-white identifying, and (2) male or female, we found 53% of agents were white and male, 29% were white and female, 12% were an ethnicity and/or race(s) that did not include white (“non-white”) and male, and 5% were non-white and female. Approximately 8% of agents held senior-level positions (i.e., board members, directors, executives) versus less senior positions (i.e., employees, managers). However, white males held 72% of senior positions, white females held 17%, non-white males held 9%, and non-white females held 1%. This study is subject to limitations, including that persons who identified as white and another race(s) (n=103) are included in white-identifying categories; future work will address this limitation. Further, all data is typically reported by supervisors rather than self-reported, therefore race/ethnicity and gender are subject to misidentification. Nonetheless, findings suggest that at approximately one and a half years after retail stores opened, participation in the Massachusetts adult-use cannabis industry skews white and male, and this trend is pronounced in senior-level positions.
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Rapajić, Milan. "POSEBNE (UPRAVNE) ORGANIZACIJE U MILjEU VLADAVINE PRAVA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.725r.
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The modern state administration and its bodies and special organizations should act in the field of the rule of law. It is a term that originates from the Anglo-Saxon legal world, but it is also a category and a principle of the Constitution of Serbia from 2006. The paper points out the different understandings of the rule of law and briefly looks at the position of the administration or the phase in its historical course until its subsumption under the principle of legality. In Serbia, state administration bodies consist of ministries, administrative bodies within the ministry and special organizations. Administrative or special organizations are formed by the state in order to perform professional and related administrative tasks. In order to permanently and unhinderedly perform the professional work of these organizations, they can act authoritatively. Special organizations have numerous and diverse administrative powers. The paper points out both the similarities and differences of special organizations in relation to administrative bodies. A review of the activities and organizational structure of all special organizations (secretariats, institutes, directorates and one center) established by the Law on Ministries from 2020 was performed. It was also pointed out that all institutes: the Republic Institute of Statistics, the Republic Hydrometeorological Institute, the Republic Geodetic Institute and the Intellectual Property Institute are special organizations that provide services to interested parties. In one part of the final considerations, the author states that for special organizations (as part of the state administration) it could be concluded that they really operate in the field of rule of law as an order with positive properties as characterized by the Constitution, it is necessary to strictly respect the principles organization of state administration prescribed by the Law on State Administration: independence and legality; expertise, impartiality and political neutrality, effectiveness in exercising the rights of the parties, proportionality and respect for the parties; publicity of work.