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Author: Christian A. Witting Publisher: Cambridge University Press ISBN: 1107039924 Category : Business & Economics Languages : en Pages : 501
Book Description
Discusses 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 ISBN: 1107039924 Category : Business & Economics Languages : en Pages : 501
Book Description
Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.
Author: Roger Th.A.J. Leenders Publisher: Springer Science & Business Media ISBN: 9780792385011 Category : Business & Economics Languages : en Pages : 586
Book Description
What enables some organizations to routinely perform better than others? Conversely, what makes some firms consistently perform worse than their competitors? Within a single corporation, what enables some teams or individual firm members to outperform their counterparts? Through the concept of social capital, this book addresses these questions by studying the effects of relationship networks on the ability of corporate players (firms and their members) to attain their professional goals. The idea of social capital has become one of the premier approaches to studying networks in the context of organizations but the literature still lacks a conceptual paradigm that connects the various approaches, definitions and measure of social capital into an integrated analytical model. By explicitly connecting social networks to the goals of corporate players, this book provides a unifying framework to the study of social capital in an organizational context. In this volume `social capital' is defined as the resources that accrue to an actor through his or her social relationships and that aid in the attainment of goals. The book introduces the new notion of `social liability' as a framework to analyze the negative effects social networks can have on the attainment of goals by firms and/or their members. Corporate Social Capital and Liability thus presents a new way to tie together findings and approaches in the literature by explicitly addressing the distinction between networks and outcomes, the distinction between networks at the level of firms and networks at the level of individuals, and the distinction between positive outcomes of social structure (social capital) and negative outcomes (social liability). The book's contributors are forty-six acclaimed scholars from around the world with backgrounds in management, business and sociology. Together, they describe how social relationships within and between firms positively affect the ability of corporations to achieve fruitful alliances; gain access to information, resources, knowledge and financial capital; and recruit qualified personnel. The book makes an explicit distinction between networks at the level of firms and networks at the level of individuals. The outcomes of networks are also considered at these different analytical levels by addressing such questions as: how do social relationships between firms assist firms and individuals in the attainment of their goals? How do these relationships obstruct goals? What is the effect of networks between individuals (within and between firms) on the performance of these individuals and the firms they work for? Can networks be managed to yield social capital rather than social liability? The unifying framework of social capital and social liability is helpful in studying business enterprises, and also useful in other disciplines which analyze social networks and organizations, such as community studies, economics, and political science.
Author: Roger Th.A.J. Leenders Publisher: Springer ISBN: 9780792385011 Category : Business & Economics Languages : en Pages : 562
Book Description
In 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: José Engrácia Antunes Publisher: Springer ISBN: Category : Business & Economics Languages : en Pages : 596
Book Description
Full 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: Andrew Muscat Publisher: Routledge ISBN: 1351886819 Category : Law Languages : en Pages : 540
Book Description
This work deals with the liability of the holding company for the debts of its insolvent subsidiaries. In analyzing the current position under English law, the work challenges as outmoded and inadequate the virtual dogma that a holding company is not answerable for the debts of its insolvent subsidiaries. The study identifies four separate and distinct types of behavioural practices within corporate groups which may prejudice the interests of external creditors or otherwise constitute an abuse of the corporate form; the subservient subsidiary situation; the inadequately financed subsidiary situation; the integrated economic enterprise situation; and the group persona situation. After weighing the various arguments for and against a change in the law and concluding that reform is called for, the study proceeds to submit some radical proposals for reform. The basic thrust of the reform proposals is that in a number of well-defined situations entity law should give way to an enterprise analysis and holding company liability should be imposed for the debts of insolvent subsidiaries.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Eilís Ferran Publisher: Oxford University Press ISBN: 0192634682 Category : Law Languages : en Pages : 705
Book Description
Corporate 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: Eilís Ferran Publisher: Oxford University Press ISBN: 0192634682 Category : Law Languages : en Pages : 705
Book Description
Corporate 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: Christian A. Witting
Author: Christian A. Witting
Author: Roger Th.A.J. Leenders
Author: Roger Th.A.J. Leenders
Author: José Engrácia Antunes
Author: Barnali Choudhury
Author: Andrew Muscat
Author: American Bar Association. House of Delegates
Author: Eilís Ferran
Author: Ernest Lim