Search results for "Company Law"

Companies and Company Law in England, 16th to 19th Centuries: Legal Personality, Limited Liability and Pink Unicorns

2020

the contribution explores the early developments of company law in England, from the Sixteenth century onwards, focusing especially on the emergence of the concepts of legal personality and limited liability

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

1802

Corporate governance and firm performance: A comparative analysis of auditing problems

2006

The recent financial crises have created a new debate about comparison and convergence of different systems of corporate governance. In particular, they have underlined poor efficiency of rule structures to achieve a good relationship between different stakeholder’s rights. In line with many studies of corporate governance that emphasize the manager-stakeholders relationship as explained by agency theory, in this paper, I analyse the role of auditing as an incentive device to reduce contractual or transaction costs related to asymmetric information.Considering as a benchmark the recent US Sarbanes Oxley Act of July 2002. I describe a set of auditing principles by comparing common and civil …

European Union Directive: the 8th company law directive on discosure and transparency

2015

Abstract not needed because the work is a voice of an encyclopedia

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…

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 …

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…

Permanent establishment in corporate taxation in the digital era

2020

Digital economy has significantly grew in the past 15 years, and currently it already accounts for more than 50 percent of the whole market capitalization worldwide. There is no longer a need for physical place to generate profits from the particular jurisdiction if business activity is digital. Nonetheless, the international taxation rules of allocating taxation rights for business profits to non-resident jurisdiction has not changed in way to tackle substantial economic presence, without fixed place of business. Thus, resulting in harmful use of permanent establishment principle for tax planning purposes, which has led to profit shifting away from the high-tax jurisdiction to low-tax juri…

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…

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…