Organising The Firm

Author: Petri Mäntysaari
Publisher: Springer Science & Business Media
ISBN: 9783642221972
Size: 73.93 MB
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The theoretical basis of commercial law, corporate governance law, and corporate law is still unsatisfactory. There essentially is no theory of commercial law, and existing theories of corporate governance and corporate law cannot explain the behaviour of firms or the contents of existing regulation. This book proposes a coordinated solution for all three areas. The starting point is that all three areas deal with the organisation of firms. Commercial law, corporate governance, and corporate law are therefore studied from the perspective of the firm rather than that of the judge or the investor. Changing the perspective makes it easier to formulate an "umbrella" theory of commercial law, and theories of corporate governance and corporate law as applications of the main theory. The book provides examples of how the proposed theories work by studying legal corporate governance tools and practices that increase the sustainability of the firm. Sustainability can be bolstered by making the governance model more self-enforcing and ensuring that it fosters innovation.

The Theory And Practice Of Directors Remuneration

Author:
Publisher: Emerald Group Publishing
ISBN: 1785606824
Size: 18.58 MB
Format: PDF, ePub, Mobi
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This book argues for a correct balance between risk and reward and for Directors' remuneration to be equitable to all parties and stakeholders. By examining the current theories, practices and regulations and explaining them in detail it provides a state of the art overview of one of the key corporate governance issues of our time.

The Strategic Cfo

Author: Ulrich Hommel
Publisher: Springer Science & Business Media
ISBN: 9783642043499
Size: 49.80 MB
Format: PDF
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The role of the Chief Financial Officer (CFO) has substantially changed in a world characterized by globalized financial markets and truly global products. The accelerated development of new technologies, products, and markets has led to an increasingly dynamic and uncertain competitive situation. The book demonstrates and discusses the impact of this changing corporate environment on the role and responsibilities of the CFO. A more holistic view that integrates business and financial decisions is required in order to manage these challenges of globalization. The book shows how the CFO can adopt and implement this management approach and thus play a vital role in the firm’s value creation.

Introducing Single Member Companies In Ethiopia Major Theoretical And Legal Considerations

Author: Jetu Edosa Chewaka
Publisher: Anchor Academic Publishing
ISBN: 3960670095
Size: 38.78 MB
Format: PDF, Mobi
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In an increasingly universalizing world, operating business in the form of companies is apparently becoming an indispensable aspect of modern commercial life. The major reason that led to the corporate form as the principal method of organization of commercial activity, among other things, is its advantage of limited liability. Limited liability, in its classical sense, implies the insulation of individual shareholders composing the company from the liability of company debts. Yet, the traditional corporate legal theory has confined the advantage of limited liability within the purview of multimember corporations, making it inaccessible to solo investors. However, quite recently, the historical relic of corporate theory that views corporations as a legally personified body of numerous subscribes of shares has undergone a sharp evolution, as have many other business practices and their legal bases. The purpose of this thesis is to look into notable literature on major corporate theories and analyze whether it would be applicable to single member companies (SMC). It also seeks to compare major legal frameworks governing SMC’s in comparative jurisdictions to show the legal and theoretical implications of introducing SMC’s into the Ethiopian corporate legal system.

The Rule Of Law In Japan

Author: Carl F. Goodman
Publisher: Kluwer Law International
ISBN: 9041189033
Size: 45.49 MB
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This book discusses various Japanese legal topics in comparison to the United States approach to these same topics and analyzes whether what you see as the written law in Japan is what you get in reality. The foundation for the present Japanese legal system is explored, as is the structure, makeup, and independence of the Japanese judiciary and legal professions. The application of the Japanese Constitution to activities of and limitations on powers of the Japanese government are analyzed, as are the scope and limitations of the Japanese constitutional guarantees of religious freedom, sexual equality, equal rights, and rights of the criminally accused. The special Renunciation of War clause of the Japanese Constitution and court decisions dealing with the clause are analyzed to discover how the clause has gone from prohibiting all military establishments to permitting a world class military. Substantive legal areas, including contracts, treaties, and corporate law, are discussed. The Japanese civil litigation system, the perceived shortcoming in that system and currently ongoing steps at judicial reform are analyzed. Similarly, the attempt of the American Occupation to significantly change the administrative law of Japan by incorporating American legal concepts in Japanese administrative law is compared to the actual legal state of affairs in Japan. The text discusses the concepts underlying the reasons for the difference between the written law in Japan and the actual working of the Japanese legal system and considers how the ongoing process of judicial reform in Japan, which has as its stated goal the advancement of the Rule of Law, may affect changes in the legal system as Japan moves its legal system into the 21st Century.

The Oxford Handbook Of Corporate Law And Governance

Author: Jeffrey N. Gordon
Publisher: Oxford University Press
ISBN: 0191061409
Size: 32.90 MB
Format: PDF, Mobi
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Corporate law and corporate governance have been at the forefront of regulatory activities across the world for several decades now, and are subject to increasing public attention following the Global Financial Crisis of 2008. The Oxford Handbook of Corporate Law and Governance provides the global framework necessary to understand the aims and methods of legal research in this field. Written by leading scholars from around the world, the Handbook contains a rich variety of chapters that provide a comparative and functional overview of corporate governance. It opens with the central theoretical approaches and methodologies in corporate law scholarship in Part I, before examining core substantive topics in corporate law, including shareholder rights, takeovers and restructuring, and minority rights in Part II. Part III focuses on new challenges in the field, including conflicts between Western and Asian corporate governance environments, the rise of foreign ownership, and emerging markets. Enforcement issues are covered in Part IV, and Part V takes a broader approach, examining those areas of law and finance that are interwoven with corporate governance, including insolvency, taxation, and securities law as well as financial regulation. The Handbook is a comprehensive, interdisciplinary resource placing corporate law and governance in its wider context, and is essential reading for scholars, practitioners, and policymakers in the field.

Corruption In Commercial Enterprise

Author: Liz Campbell
Publisher: Routledge
ISBN: 1351602217
Size: 42.80 MB
Format: PDF, ePub
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This edited collection analyses, from multiple disciplinary perspectives, the issue of corruption in commercial enterprise across different sectors and jurisdictions. Corruption is commonly recognised as a major ‘social bad’, and is seriously harmful to society, in terms of the functioning and legitimacy of political-economic systems, and the day-to-day lives of individuals. There is nothing novel about bribes in brown envelopes and dubious backroom deals, ostensibly to grease the wheels of business. Corrupt practices like these go to the very heart of illicit transacting in both legal markets – such as kickbacks to facilitate contracts in international commerce – and illegal markets – such as payoffs to public officials to turn a blind eye to cross-border smuggling. Aside from the apparent pervasiveness and longevity of corruption in commercial enterprise, there is now renewed policy and operational attention on the phenomenon, prompting and meriting deeper analysis. Corruption in commercial enterprise, encompassing behaviours often associated with corporate and white-collar crime, and corruption in criminal commercial enterprise, where we see corruption central to organised crime activities, are major public policy issues. This collection gives us insight into their nature, organisation and governance, and how to respond most appropriately and effectively.

Chinese Corporate Governance

Author: Yong Kang
Publisher: Rand Corporation
ISBN: 083304611X
Size: 79.54 MB
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As China has aligned itself more closely with the international economy, it has also sought to adopt more Western-style corporate governance mechanisms. This report provides an overview of overview of corporate governance mechanisms in China, as well as an examination of continuing challenges and policy implications.

Comparative Corporate Governance

Author: Véronique Magnier
Publisher: Edward Elgar Publishing
ISBN: 1784713562
Size: 63.77 MB
Format: PDF, ePub
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Comparative Corporate Governance considers the effects of globalization on corporate governance issues and highlights how, despite these widespread consequences, predictions of legal convergence have not come true. By adopting a comparative legal approach, this book explores the disparity between convergence attempts and the persistence of local models of governance in the US, Europe and Asia.