organising the firm theories of commercial law corporate governance and corporate law

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Organising The Firm

Author : Petri Mäntysaari
ISBN : 3642221971
Genre : Law
File Size : 25. 19 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.

Introducing Single Member Companies In Ethiopia Major Theoretical And Legal Considerations

Author : Jetu Edosa Chewaka
ISBN : 9783960670094
Genre : Law
File Size : 76. 48 MB
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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.

Comparative Corporate Governance

Author : Petri Mäntysaari
ISBN : 3540264604
Genre : Law
File Size : 63. 60 MB
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An analytical overview of the regulation of shareholder activism in the UK and Germany. The book shows how the comparative legal method can be used in the study of the corporate governance systems of different countries. It deals with the regulation of the governance of listed companies within a wide framework that recognises the importance of company law, securities markets law, standards and internal rule-making.

German Corporate Governance In International And European Context

Author : Jean J. du Plessis
ISBN : 9783662541982
Genre : Law
File Size : 20. 89 MB
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The book provides readers with an overview of the unique features of German business and enterprise law and an in-depth analysis of the organs of governance of German public limited companies (general meeting, management board, supervisory board). In addition, approaches for reforms required at the international level are also suggested and discussed, including, among others, the unique interplay and dynamics of the German two-tier board model with the system of codetermination, referring to the arrangement of employees sitting on the supervisory boards of German public limited companies and private companies employing more than 500 employees; also covered are significant recent legal developments in Europe.The book highlights the core function of valuation and financial reporting at the international, European and German levels, with accounting as the documentary proof of good corporate governance. Corporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on these important topics.The book is addressed to researchers, practitioners and basically anyone with an interest in the complex, but intriguing areas of corporate law and corporate governance.

Theories Of Corporate Governance

Author : Thomas Clarke
ISBN : 0415323088
Genre : Business & Economics
File Size : 50. 56 MB
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Structured to provide an introduction and overview of corporate governance from the classical theories to contemporary controversies, this reader functions either as stand-alone text, or as a companion to International Corporate Governance, a textbook also authored by Thomas Clarke. Providing a defining insight into the fast emerging, and highly controversial field, this is the definitive resource for all those seeking to understand the contemporary corporation.

Theories Of Corporate Governance

Author : Thomas Clarke
ISBN : 0415323088
Genre : Business & Economics
File Size : 33. 42 MB
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Structured to provide an introduction and overview of corporate governance from the classical theories to contemporary controversies, this reader functions either as stand-alone text, or as a companion to International Corporate Governance, a textbook also authored by Thomas Clarke. Providing a defining insight into the fast emerging, and highly controversial field, this is the definitive resource for all those seeking to understand the contemporary corporation.

Perspectives In Company Law And Financial Regulation

Author : Michel Tison
ISBN : 9781139473538
Genre : Law
File Size : 63. 58 MB
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This collection of essays has been compiled in honour of Professor Eddy Wymeersch on the occasion of his retirement as professor at Ghent University. His main international academic peers explore developments on the crossroads of company law and financial regulation in Europe and the United States, providing a unique view on the dynamics of regulatory competition in an era of economic globalisation, whether in the fields of rulemaking, organising the mobility of capital or the enforcement of rules. The deepening of European financial integration and the transatlantic regulatory dialogue has generated new paradigms of rule-setting in a multinational framework and reinforced the need to develop adequate instruments for co-operation between regulators. Regulators increasingly use concepts such as equivalence or mutual recognition to regulate cross-border relations.

The Oxford Handbook Of Corporate Law And Governance

Author : Jeffrey N. Gordon
ISBN : 9780198743682
Genre : Law
File Size : 59. 6 MB
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Corporate law and governance are at the forefront of regulatory activities worldwide, and subject to increasing public attention in the wake of the global financial crisis. Comprehensively referencing the key debates, this handbook provides a much-needed framework for understanding the aims and methods of legal research in the field.

The Evolution Of Legal Business Forms In Europe And The United States

Author : Erik M. Vermeulen
ISBN : 9789041120571
Genre : Law
File Size : 70. 52 MB
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The evolution of partnership forms is stimulated by powerful economic forces that can lead to widespread prosperity and wealth creation for a society. Given the importance of closely held firms in the United States and Europe, The Evolution of Legal Business Forms in Europe and the United States argues that partnership law should trouble itself less with historical and descriptive arguments about the legal rules and structure of the partnership form and focus much more on the new analytical apparatus of the economics of organizational form as well the fundamental economic learning that informs the debates on limited liability, partnership rules regarding management and control, conflict resolution and fiduciary duties. Introducing and extending the best available theories from law and economics, particularly those from the theory of the firm, This book?s analysis demonstrates that the patterns of European partnership law and its recent history are best understood from an economic and comparative law perspective. By examining the economic theories of the firm and the economics of organization choice, The Evolution of Legal Business Forms in Europe and the United States conceives partnership-type business forms as contractual entities. The key feature of the modern partnership form is that partners have significant flexibility and power to limit their liability, transfer all of their rights, and to freely exit the firm. Another key feature of partnership law is the insight that lawmakers should provide the rules and enforcement mechanisms to regulate the important relationships within the partnership. This book applies an efficiency test to determine which sets of default rules are likely to resolve the main problems in partnerships. Having identified partnership law with the economic theory of organization, The Evolution of Legal Business Forms in Europe and the United States then goes to argue that most of partnership law is directed at offering bundles of legal rules for different types of firms. Lawmakers should promote partnership rules that attract investors and can be expected to be efficient if they allow entrepreneurs to freely select the bundle of rules that best match their priorities. In a modern vision of partnership law, lawmakers promote economic welfare through creating non-mandatory rules that allow multiple businesses to switch to a favourable business form without significant costs. Jurisdictions plagued by falling incorporations and low levels of small and medium business activity, should abandon the mandatory and standardized framework and the `lock in? effect that it promotes, and focus on the mechanisms of legal evolution and rules that tend to mimic the market. This innovation work will have ramifications felt across European jurisdictions, and will be debated by a large audience of policymakers and academic lawyers involved in law reform. Moreover, the book will receive serious attention from students of law and economics, as well as practising lawyers involved in resolving complex issues of organizational law. Review (s) ?Vermeulen?s work makes a significant contribution to the dialogue between legal scholars and policy makers from Europe and the United States on the matter of business entity law reform. The volume is ambitious in scope, thoughtful in approach, and accurate in result. It shows a well-read and nuanced view of the recent American partnership law reform debates. He moves with assurance between different systems of law and analysis, and has a confident sense of what his diverse readers need to know to come to the ultimate discussion with a common sense of the issues and alternatives at hand. Vermeulen?s work should serve as a starting point for a robust discussion among scholars and policy makers.?

Pettet Lowry Reisberg S Company Law

Author : Arad Reisberg and Anna Donovan
ISBN : 9781292078663
Genre :
File Size : 88. 55 MB
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