Search results for " company law"

Effects on accounting legislation by an EU-wide implementation of the IFRS for SMEs – the case of Germany

2020

Harmonisation of companies’ financial reporting obligations is essential to economic decision-making in an international business environment. The degree of harmonisation for small and medium-sized entities (SMEs) is still relatively low but the acceptance for the IFRS for SMEs is increasing in recent years. Currently, the standard is being revised and its standard-setting body is awaiting comments from its stakeholders. While the European Union is reluctant to adopt the IFRS for SMEs, the success of its internal harmonisation attempts by the EU Accounting Directive is doubtful and often criticised by the Directive’s stakeholders and researchers. The excessive number of options led to 27 di…

Challenges of free data flow between the EU and US: can EU-US privacy shield ensure co-operation?

2020

The following thesis aims to provide an insight into the way US and EU data protection regulations compare to each other and how those can harmonized in the future with an idea to make it easier to understand how cross-country business might operate in this environment and whether there could be any harmonization opportunities to provide less burden on businesses in trying to comply with different laws across Atlantics. The research question of the thesis therefore is “Is current framework for data transfers between EU-US relevant and stable for future challenges in data protection field?” and “If not, then how two legal systems can be better harmonized based on the analysis of both of them…

Data as an asset in an insolvency procedure

2021

When a business becomes insolvent, assets that has selling value prevails within the insolvency process. Understanding if personal data can be classified as an asset and whether it can be sold when facing insolvency proceedings is determined in this Thesis. General Data Protection Regulation safeguards personal data of the EU data subjects including processing of such data. This regulation protects the EU data subjects also outside of the EU or EEA. Processing that includes sale of personal data is made possible if full compliance with the Regulation is applied. Legal basis for such processing that is required for the processing to be legal includes legal obligation arising from insolvency.…

An analysis of the liability rule in Latvia in case of a transfer of an undertaking in the context of freedom of contract principle

2018

The objective of this Thesis is to answer whether Article 20 of the Commercial Law of Latvia is compatible with freedom of contract principle. Chapter 1 analyzes the limitation put on freedom of contract principle in case of a transfer of an undertaking set in Article 20 and the purpose of such limitation. Chapter 2 analyzes the way freedom of contract principle manifests in contemporary legal framework, both in Latvian normative acts and European Contract Law. Thesis concludes that Article 20 is incompatible with freedom of contract principle. Considering that freedom of contract, while a component of fundamental, is not an absolute right, the existence of the limitation on freedom of cont…

A legal and economic analysis of the concept of anticipatory breach under the CISG

2021

Contractual remedies are traditionally available after the breach of a contract, but can a party suspecting non-performance prior to the date of performance entitled to seek for remedies? The United Nations Convention on the International Sale of Goods (CISG), regulates the doctrine of anticipatory breach in Articles 71-73, outlining the circumstances in which an anticipatory breach is deemed to occur and the remedies available to the aggrieved party. The Convention entitles the innocent party to the right to suspend or avoid but it contains unambiguous terms in need for interpretation. Additionally, the doctrine of anticipatory breach begs the questions of economic efficiency, a fundamenta…

Regulation of Gaming Companies in Macau

2012

The article examines the way to incorporate and manage gaming companies in Macau.

Comparative analysis of the national law of Latvia and Germany in regard to AML/CTF: a threat of reputational risks as a driver of strengthening of c…

2021

The thesis aims to analyse the nature of differences between the national law of Latvia and Germany in regard to anti-money laundering with respect to the financial sector, as well as the correlation between current national law and the development of the anti-money laundering and counter-terrorism financing systems of Latvia in Germany with profiles of both countries by using a qualitative comparative interdisciplinary method. As such, to provide an analysis of the national law of Latvia and Germany, three particularly important aspects of the anti-money laundering system in regard to the financial sector have been selected – risk-based approach, identification and criminalization. To achi…

Neuer Entwurf eines Credit Reglements für die Güter Besitzer in Livland: mit Erlaubniß des Herrn Civil-Gouverneurs

1802

The protection of minority shareholders during delisting in Germany and in the U.K.

2020

The thesis seeks to compare the protection of minority shareholders during delisting in Germany and in the UK. Delisting refers to a publicly traded company leaving the stock market. In order to compare the protection afforded by the relevant legislator the thesis first seeks to give an overview of the interests touched upon by delisting, finding the main risk for minority shareholders is unlike often assumed not a loss of value but the loss of the share’s tradability. The thesis then compares the approach taken towards the problem and the instruments utilized by both legislators. Here the thesis finds that the German law represents a stricter and inflexible solution, while the British law …

Software source code escrow agreement and legal obstacles of its execution

2020

Software source code escrow agreement is a relatively new occurrence, emerged together with the rise of software industry in 1970’s in the U.S. Taking into account the fact that business relationships between the software licensor and the licensee are mostly permanent, i.e. significant part is not only the license agreement, but also maintenance and support service duties assumed by the licensor, it is important that business continuity of the licensee is ensured. Software source code escrow agreement aims to provide this assurance by promise, that if the licensor ceases to exist (becomes insolvent), then the source code – building instruction of the software, will be turned over to the lic…