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Author: Christian A. Witting
Publisher: Cambridge University Press
Published: 2018-01-11
Total Pages: 501
ISBN-13: 1107039924
DOWNLOAD EBOOKDiscusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.
Author: Christian A. Witting
Publisher: Cambridge University Press
Published: 2018-01-11
Total Pages: 501
ISBN-13: 1108619177
DOWNLOAD EBOOKWhat happens when a corporate subsidiary or network company is unable to pay personal injury victims in full? This book sets out to tackle the 'insolvent entity problem', especially as it arises in cases of mass wrongdoing such as those involving asbestos exposure and defective pharmaceuticals. After discussing the nature of corporate groups and networks from the perspectives of business history, organisation studies, and social theory, the book assesses a range of rules and proposed rules for extending liability for personal injuries beyond insolvent entities. New proposals are put forward for an exception to the rule of limited liability and for the development of a flexible new tort based on conspiracy that encompasses not only control-based relationships but also horizontal coordination between companies. The book concludes with a general discussion of lessons learned from debates about extended liability and provides guidelines for the development of new liability rules.
Author: José Engrácia Antunes
Publisher: Springer
Published: 1994-05-11
Total Pages: 596
ISBN-13:
DOWNLOAD EBOOKFull Title: Liability of Corporate Groups: Autonomy and control in Parent-Subsidiary Relationships in US, German and EU Law, An International and Comparative Perspective. Corporation law dates from the 19th century when the growth of business enterprise required a division between the private and the company sphere, making the company a legal person with its own rights, responsibilities and liabilities. The company was no longer the legal equivalent of its owner but became a separate legal entity, providing a form of legal protection for the owners, employees and the customers. The introduction of company law meant a great step forward for those engaged in big business in Europe, the U.S. and elsewhere.
Author: Roger Th.A.J. Leenders
Publisher: Springer Science & Business Media
Published: 2013-03-09
Total Pages: 559
ISBN-13: 1461550270
DOWNLOAD EBOOKIn studies of inter-organizational relations (lOR's), there is a tendency to look at dyads of flrms, and to consider networks as aggregates of such dyads. But there are several roles for a third party; a go-between. This chapter looks at a go-between not in the sense of a middleman who intermediates in existing production or trade, such as an agent, wholesaler, retailer, and not in the sense of an entrepreneur who intermediates in the realization of new potential in connecting supply and demand. It looks at a go between in the sense of a relationship counsellor for the development and maintenance of social capital; providing support in setting up, adapting and ending cooperative relations between others. Or, in yet different terms: to help in the embedding of relati ons, in Granovetter's (1985) sense (Uzzi 1997a). Such roles may be performed by middlemen or entrepreneurs, but also by specialized agents who do not playa direct role in linking stages in a chain of production and distribution, as middlemen and entrepreneurs typically do. Indeed, some of the roles require an independence that is served by not having a direct stake in the relations that need to be developed. I propose that the analysis yields a perspective for looking at the roles of trade and industry associations in European business systems, and of banks and trading houses in Japanese enterprise groups (Kigyo Shudan).
Author: Phillip I. Blumberg
Publisher:
Published: 1998
Total Pages: 931
ISBN-13:
DOWNLOAD EBOOKAuthor: Eilís Ferran
Publisher: Oxford University Press
Published: 2023-09-27
Total Pages: 705
ISBN-13: 0192634682
DOWNLOAD EBOOKCorporate finance theory seeks to understand how incorporated firms address the financial constraints that affect their investment decisions. This is achieved by using varied financial instruments that seek to give holders different claims on the firm's assets. Recent scholarship in this area has highlighted the critical importance of the legal environment in explaining the choices that companies make about their capital structure. This book combines company law, capital markets law, and aspects of commercial and insolvency law to give readers a detailed understanding of the legal and regulatory issues relating to corporate finance. Informed by insights from theoretical and empirical work, the book examines from a legal perspective the key elements of corporate financing structures and capital markets in the UK. The authors' practical experience of transactions and regulatory issues ensures that thorough scholarly inquiry and critical reflection are complemented by an assured understanding of the interface between legal principles and rules as they are documented and in their actual operation. Key developments covered in this third edition include the post-Brexit adaptation of UK company law and capital market regulation, important new cases on parent company liability in tort, creditor-facing duties of directors, issuer and director liability for misleading statements to the market, alternatives to public market financing, and recent changes in the practice of debt finance.
Author: Itumeleng Lindelani Mukhovha
Publisher:
Published: 2016
Total Pages: 33
ISBN-13:
DOWNLOAD EBOOKAuthor: Barnali Choudhury
Publisher: Cambridge University Press
Published: 2019-01-10
Total Pages: 387
ISBN-13: 1108421466
DOWNLOAD EBOOKToday's economic and social context demands that corporations - once seen only as private actors - owe duties to the public.
Author: Peter Underwood
Publisher: Taylor & Francis
Published: 2024-08-01
Total Pages: 168
ISBN-13: 1040096425
DOWNLOAD EBOOKThis book focuses on the legitimacy of corporate power wielded by corporate groups, integrating legal doctrine, economic analysis, and theoretical approaches. It reassesses how corporate groups can maintain legitimacy whilst exercising corporate power. Corporate groups are a prominent commercial feature of many jurisdictions and present unique challenges. The book argues that when analysed through the lens of corporate social responsibility, a legitimacy deficiency emerges. This arises from a lack of historical debate, diluted control mechanisms, and inflated growth, utilising unique features of the corporate group. It explores how the magnified power of the corporate group presents acute challenges for corporate legitimacy. Data is utilised alongside current examples of corporate groups which identify structural architectural patterns. It explores new technologies such as Artificial Intelligence and blockchain as ways of attaining legitimacy. It presents methods of attaining legitimacy for the continued wielding of power to be held within corporate groups. This book spans several research interests under the corporate law umbrella. It will be of interest to traditional black letter company lawyers. Additionally, it will be of interest to those who have an interest in business and those who are interested in the role of technology.
Author: Eva Micheler
Publisher: Oxford University Press
Published: 2021
Total Pages: 321
ISBN-13: 0198858876
DOWNLOAD EBOOKThis book advances a real entity theory of company law, in which the company is a legal entity which acts autonomously in law, and company law establishes procedures facilitating autonomous organisational decision-making. The theory builds on the insight that organisations or firms are a social phenomenon outside of the law and that these are autonomous actors in their own right. They are more than the sum of the contributions of their participants and they act independently of the views and interests of their participants. This occurs because human beings change their behaviour when they act as members of a group or an organisation; in a group we tend to develop and conform to a shared standard, and when we act in organisations habits, routines, processes, and procedures form and a culture emerges. These take on a life of their own affecting the behaviour of the participants. Participants can affect organisational behaviour but this takes time and effort. Company law finds this phenomenon and supplies it with a structure supporting autonomous action by organisations. The real entity theory advanced in this book explains company law as it stands at a positive level. Legal personality overcomes the problems that organisations are social rather than brute facts and that there is no unique physical manifestation permanently associated with an organisation. The corporate constitution is not a contract - it is best characterised as an instrument adopted on a statutory basis through private action. Shareholders cannot limit the capacity of companies or the authority of the board to bind the company in contract and companies are liable in tort and crime. The statute creates roles for shareholders, directors, a company secretary, and auditors and so facilitates a process leading to organisational action. The law also integrates the interests of creditors and stakeholders.
