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A number of recent corporate law scandals (including the Wells Fargo fraudulent accounts scandal, the Volkswagen emissions scandal, sexual harassment claims at Fox News and CBS, and various banking scandals currently under investigation in a high profile Australian Royal Commission) epitomize...
Persistent link: https://www.econbiz.de/10012850505
The fine balance between prevention of minority shareholder rights and the independent will of the majority shareholders to run the company they majorly hold is largely dependent on the securities enforcement agencies of the country. In India, The SEBI has engaged in minority protections at the...
Persistent link: https://www.econbiz.de/10014255906
Resolutive condition of a deed was researched in this article. It is a particular circumstance of reality which occurrence terminates rights. Simultaneously this circumstance may not depend on will of the parties of a deed. Therefore it's not the circumstance which should be deemed a resolutive...
Persistent link: https://www.econbiz.de/10012839705
It was Robert Nozick who, distinguishing the classical Liberal ‘night-watchman state' which protected citizens against violence and enforced contracts on their behalf, conjured instead the ‘ultraminimal state' in which the task of the state is confined to the monopolisation of violence...
Persistent link: https://www.econbiz.de/10012922464
This article considers the new Irish legislative scheme for cohabitants, contained in Part 15 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The article discusses the background to the legislation, noting the increase in the prevalence of cohabitation in...
Persistent link: https://www.econbiz.de/10012984004
The spectacular rise of ESG usage in investment decision-making made public companies’ environmental and social attitudes critical more than ever as their shares are sold and bought in stock exchanges. Even though the enlightened shareholder value approach (ESV) by Section 172 (S172) of the...
Persistent link: https://www.econbiz.de/10014254875
This Article examines the development of a European framework for considering the law applicable to state private interventions in the market, both their own and those of other states through direct investment or through sovereign wealth funds. For this purpose, it closely analyzes the so-called...
Persistent link: https://www.econbiz.de/10014217942
Die Rechtsordnung der Bundesrepublik Deutschland stellt prinzipiell zwei Möglichkeiten der Organisation von Unternehmen zur Verfügung: Ein Unternehmer kann sein Unternehmen einzelkaufmännisch betreiben und allein führen; er kann sich jedoch auch mit mehreren anderen Personen...
Persistent link: https://www.econbiz.de/10010298432
The paper analyses a strategy for avoiding the disclosure of the financial statements of a limited partnership with a limited liability company as general partner (GmbH & Co. KG) according to German Commercial Code (HGB). It describes the formal process of the joining of a natural person as an...
Persistent link: https://www.econbiz.de/10010299999
In this paper, we examine the inconclusive debate on regulatory competition in Europe. We demonstrate that the recent expansion in the EU company law has created archetypal underpinning for formation of regulatory competition: the ground-breaking triptych of the ECJ on Centros, Überseering, and...
Persistent link: https://www.econbiz.de/10010328387