Author: Richard C. Bishop
Publisher: Bloomsbury Publishing
ISBN: 1526522772
Category : Law
Languages : en
Pages : 433
Book Description
This new title provides a full analysis of the legislative and regulatory background of community interest companies and is a guide to all six CIC precedents: 1. CIC model constitution: company limited by guarantee with a small membership 2. CIC model constitution: company limited by guarantee with a large membership 3. CIC model constitution: private schedule 2 company limited by shares with a small membership 4. CIC model constitution: private schedule 2 company limited by shares with a large membership 5. CIC model constitution: private schedule 3 company limited by shares with a small membership 6. CIC model constitution: private schedule 3 company limited by shares with a large membership The precedents are fully annotated to provide guidance on each article, together with bespoke clauses that may be included for specific events.It also uses case examples to demonstrate: how to create or convert to a CIC the reporting requirements with Companies House and the CIC regulator Armed with this text any solicitor, barrister or accountant will have the tools to confidently advise clients on the legislative and regulatory background of CICs. This text would also suit community bodies or individuals who wish to set up a social enterprise using the CIC structure, in particular, sports clubs or voluntary groups. This title is included in Bloomsbury Professional's Company and Commercial Law online service.
Law and Regulation of Community Interest Companies
Smart Public Procurement and Labour Standards
Author: Albert Sánchez Graells
Publisher: Bloomsbury Publishing
ISBN: 1509912827
Category : Law
Languages : en
Pages : 383
Book Description
Smart procurement aims to leverage public buying power in pursuit of social, environmental and innovation goals. Socially-orientated smart procurement has been a controversial issue under EU law. The extent to which the Court of Justice (ECJ) has supported or rather constrained its development has been intensely debated by academics and practitioners alike. After the slow development of a seemingly permissive approach, the ECJ case law reached an apparent turning point a decade ago in the often criticised judgments in Rüffert and Laval, which left a number of open questions. The more recent judgments in Bundesdruckerei and RegioPost have furthered the ECJ case law on socially orientated smart procurement and aimed to clarify the limits within which Member States can use it to enforce labour standards. This case law opens up additional possibilities, but it also creates legal uncertainty concerning the interaction of the EU rules on the posting of workers, public procurement and fundamental internal market freedoms. These developments have been magnified by the reform of the EU public procurement rules in 2014. This book assesses the limits that the revised EU rules and the more recent ECJ case law impose on socially-orientated smart procurement and, more generally, critically reflects on potential future developments in this area of intersection of several strands of EU economic law.
Publisher: Bloomsbury Publishing
ISBN: 1509912827
Category : Law
Languages : en
Pages : 383
Book Description
Smart procurement aims to leverage public buying power in pursuit of social, environmental and innovation goals. Socially-orientated smart procurement has been a controversial issue under EU law. The extent to which the Court of Justice (ECJ) has supported or rather constrained its development has been intensely debated by academics and practitioners alike. After the slow development of a seemingly permissive approach, the ECJ case law reached an apparent turning point a decade ago in the often criticised judgments in Rüffert and Laval, which left a number of open questions. The more recent judgments in Bundesdruckerei and RegioPost have furthered the ECJ case law on socially orientated smart procurement and aimed to clarify the limits within which Member States can use it to enforce labour standards. This case law opens up additional possibilities, but it also creates legal uncertainty concerning the interaction of the EU rules on the posting of workers, public procurement and fundamental internal market freedoms. These developments have been magnified by the reform of the EU public procurement rules in 2014. This book assesses the limits that the revised EU rules and the more recent ECJ case law impose on socially-orientated smart procurement and, more generally, critically reflects on potential future developments in this area of intersection of several strands of EU economic law.
Ashton & Reid on Clubs and Associations
Author: David Ashton
Publisher: Bloomsbury Publishing
ISBN: 1526505193
Category : Law
Languages : en
Pages : 655
Book Description
The diversity and complexity of the legal issues that can arise in the course of the activities of a club, society or association present numerous questions for those advising and managing those bodies for which they need guidance. Problems range from the interpretation of rules to anti-discrimination legislation. Legal issues can span alcohol licensing, charities, company law, employment law, expulsion procedures, litigation, meetings, promotion of lotteries, property law and taxation. This is the definitive guide to the legal framework within which clubs, societies and associations operate, bringing together the various strands of law (including new case law and recent legislation) to provide practical legal advice for these bodies, their advisers and officers. The work includes a full set of model rules as well as other useful material in the Appendices.
Publisher: Bloomsbury Publishing
ISBN: 1526505193
Category : Law
Languages : en
Pages : 655
Book Description
The diversity and complexity of the legal issues that can arise in the course of the activities of a club, society or association present numerous questions for those advising and managing those bodies for which they need guidance. Problems range from the interpretation of rules to anti-discrimination legislation. Legal issues can span alcohol licensing, charities, company law, employment law, expulsion procedures, litigation, meetings, promotion of lotteries, property law and taxation. This is the definitive guide to the legal framework within which clubs, societies and associations operate, bringing together the various strands of law (including new case law and recent legislation) to provide practical legal advice for these bodies, their advisers and officers. The work includes a full set of model rules as well as other useful material in the Appendices.
Shaping the Corporate Landscape
Author: Nina Boeger
Publisher: Bloomsbury Publishing
ISBN: 1509914315
Category : Law
Languages : en
Pages : 419
Book Description
Currently, there exists a distrust of corporate activity in the continuing aftermath of the financial crisis and with increasing recognition of the threats of climate change and global, as well as national, inequalities. Despite efforts in the arena of corporate governance to address these, we are still beset with corporate scandals and witness companies facing large fines for their environmental and cost-cutting misdemeanours. Recognising that the usual responses to dealing with these corporate problems are not effective, this book asks whether the traditional form of the joint stock corporation itself lies at the heart of these problems. What are the features of the corporate form and how does its current regulation underscore these problems? Identifying such features provides a basis for the discussion to develop towards suggesting more progressive regulatory developments around the corporate form. More fundamentally, this book investigates a diverse range of corporate governance models that are emerging as alternatives to the shareholder corporation, including employee-owned, cooperative and social enterprises. The contributors are leading scholars from various backgrounds including law, management and organisation studies, finance and accounting, as well as experienced professionals and policy makers with expertise in social and cooperative business models and the role of employees in the corporation.
Publisher: Bloomsbury Publishing
ISBN: 1509914315
Category : Law
Languages : en
Pages : 419
Book Description
Currently, there exists a distrust of corporate activity in the continuing aftermath of the financial crisis and with increasing recognition of the threats of climate change and global, as well as national, inequalities. Despite efforts in the arena of corporate governance to address these, we are still beset with corporate scandals and witness companies facing large fines for their environmental and cost-cutting misdemeanours. Recognising that the usual responses to dealing with these corporate problems are not effective, this book asks whether the traditional form of the joint stock corporation itself lies at the heart of these problems. What are the features of the corporate form and how does its current regulation underscore these problems? Identifying such features provides a basis for the discussion to develop towards suggesting more progressive regulatory developments around the corporate form. More fundamentally, this book investigates a diverse range of corporate governance models that are emerging as alternatives to the shareholder corporation, including employee-owned, cooperative and social enterprises. The contributors are leading scholars from various backgrounds including law, management and organisation studies, finance and accounting, as well as experienced professionals and policy makers with expertise in social and cooperative business models and the role of employees in the corporation.
Outcome-Based Cooperation
Author: Christopher Hodges
Publisher: Bloomsbury Publishing
ISBN: 1509962492
Category : Law
Languages : en
Pages : 595
Book Description
How do we cooperate – in social, local, business, and state communities? This book proposes an Outcome-Based Cooperative Model, in which all stakeholders work together on the basis of trust and respect to achieve shared aims and outcomes. The Outcome-Based Cooperative Model is built up from an extensive analysis of behavioural and social psychology, genetic anthropology, research into behaviour and culture in societies, organisations, regulation, and enforcement. The starting point is acceptance that humanity is facing ever larger risks, which are now systemic and even existential. To overcome the challenges, humans need to cooperate more, rather than compete, alienate, or draw apart. Answering how we do that requires basing ourselves, our institutions, and systems on relationships that are built on trust. Trust is based on evidence that we can be trusted to behave well (ethically), built up over time. We should aim to agree common goals and outcomes, moderating those that conflict, produce evidence that we can be trusted, and examine our performance in achieving the right outcomes, rather than harmful ones. The implications are that we need to do more in rebasing our relationships in local groupings, business organisations, regulation, and dispute resolution. The book examines recent systems and developments in all these areas, and makes proposals of profound importance for reform. This is a new blueprint for liberty, solidarity, performance, and achievement.
Publisher: Bloomsbury Publishing
ISBN: 1509962492
Category : Law
Languages : en
Pages : 595
Book Description
How do we cooperate – in social, local, business, and state communities? This book proposes an Outcome-Based Cooperative Model, in which all stakeholders work together on the basis of trust and respect to achieve shared aims and outcomes. The Outcome-Based Cooperative Model is built up from an extensive analysis of behavioural and social psychology, genetic anthropology, research into behaviour and culture in societies, organisations, regulation, and enforcement. The starting point is acceptance that humanity is facing ever larger risks, which are now systemic and even existential. To overcome the challenges, humans need to cooperate more, rather than compete, alienate, or draw apart. Answering how we do that requires basing ourselves, our institutions, and systems on relationships that are built on trust. Trust is based on evidence that we can be trusted to behave well (ethically), built up over time. We should aim to agree common goals and outcomes, moderating those that conflict, produce evidence that we can be trusted, and examine our performance in achieving the right outcomes, rather than harmful ones. The implications are that we need to do more in rebasing our relationships in local groupings, business organisations, regulation, and dispute resolution. The book examines recent systems and developments in all these areas, and makes proposals of profound importance for reform. This is a new blueprint for liberty, solidarity, performance, and achievement.
The Public-Private Nature of Charity Law
Author: Kathryn Chan
Publisher: Bloomsbury Publishing
ISBN: 1782258493
Category : Law
Languages : en
Pages : 230
Book Description
Is charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise. 'This book should be read by all who are interested in the respective domains of public and private law. Kathryn Chan brings new light to the divide and reveals the way in which both public and private law inform charity law. The book is subtle, original and rigorous, with an excellent grasp of primary and secondary material.' - Paul Craig, Professor of English Law at the University of Oxford and a Fellow of St John's College 'An original and thought-provoking book which takes the somewhat unruly law of charities and, with great insight and clarity, helps it to find its place on the legal map.' - Mary Synge, Associate Professor in Law at the University of Exeter 'Kathryn Chan's impressive monograph breaks new ground in its analytical approach towards charity in the modern world. Her careful study helps us to understand how charitable enterprises partake of the values and concerns of both public and private law, and to evaluate the strength and weaknesses of different approaches to the governance of charitable enterprises.' - Lionel Smith, Sir William C Macdonald Professor of Law, McGill University
Publisher: Bloomsbury Publishing
ISBN: 1782258493
Category : Law
Languages : en
Pages : 230
Book Description
Is charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise. 'This book should be read by all who are interested in the respective domains of public and private law. Kathryn Chan brings new light to the divide and reveals the way in which both public and private law inform charity law. The book is subtle, original and rigorous, with an excellent grasp of primary and secondary material.' - Paul Craig, Professor of English Law at the University of Oxford and a Fellow of St John's College 'An original and thought-provoking book which takes the somewhat unruly law of charities and, with great insight and clarity, helps it to find its place on the legal map.' - Mary Synge, Associate Professor in Law at the University of Exeter 'Kathryn Chan's impressive monograph breaks new ground in its analytical approach towards charity in the modern world. Her careful study helps us to understand how charitable enterprises partake of the values and concerns of both public and private law, and to evaluate the strength and weaknesses of different approaches to the governance of charitable enterprises.' - Lionel Smith, Sir William C Macdonald Professor of Law, McGill University
The Cambridge Handbook of Social Enterprise Law
Author: Benjamin Means
Publisher: Cambridge University Press
ISBN: 1316946932
Category : Law
Languages : en
Pages : 831
Book Description
Growing numbers of employees, consumers, and investors want companies to be truly good; these stakeholders will accept lower economic returns in order to support companies that prioritize sustainability, fair wages, and fair trade. Unlike charities or non-profit organizations, such companies - or social enterprises - are not only permitted but also expected to produce an economic return for investors. Yet, unlike traditional business ventures, social enterprises have no obligation to maximize profits, even on a long-term basis. In this comprehensive volume, Benjamin Means and Joseph W. Yockey bring together leading legal scholars and practitioners to offer an authoritative guide to social enterprise law and policy. The Cambridge Handbook of Social Enterprise Law takes stock of the field and charts a course for its future development. It should be read by entrepreneurs, investors, practitioners, academics, students and anyone else interested in how companies are evolving to address new demands for capitalism with a conscience.
Publisher: Cambridge University Press
ISBN: 1316946932
Category : Law
Languages : en
Pages : 831
Book Description
Growing numbers of employees, consumers, and investors want companies to be truly good; these stakeholders will accept lower economic returns in order to support companies that prioritize sustainability, fair wages, and fair trade. Unlike charities or non-profit organizations, such companies - or social enterprises - are not only permitted but also expected to produce an economic return for investors. Yet, unlike traditional business ventures, social enterprises have no obligation to maximize profits, even on a long-term basis. In this comprehensive volume, Benjamin Means and Joseph W. Yockey bring together leading legal scholars and practitioners to offer an authoritative guide to social enterprise law and policy. The Cambridge Handbook of Social Enterprise Law takes stock of the field and charts a course for its future development. It should be read by entrepreneurs, investors, practitioners, academics, students and anyone else interested in how companies are evolving to address new demands for capitalism with a conscience.
Model Rules of Professional Conduct
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.
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.
Profit & Purpose
Author: Kyle Westaway
Publisher: John Wiley & Sons
ISBN: 1118708555
Category : Business & Economics
Languages : en
Pages : 220
Book Description
Why has Warby Parker been able to make such dramatic inroads against the behemoths in the long established eyeglass market? How has Method revolutionized the soap aisle? Amid the cacophony of online retailers, why has Etsy seen such explosive growth, with 2013 annual sales north of $1 billion? These companies all have been disruptive because they are operating from a strong social/environmental purpose. They are proving a counterintuitive truth – purpose can drive profits. But it’s not just innovative startups that are getting in on the action. Blue chip companies such as Nike, Coca-Cola and IBM are innovating within their organization to create a positive social and environmental impact globally. This is not a trend. It’s the future of business. Based on in-depth interviews with founders, Profit & Purpose profiles a number of the most successful pioneers of this new way forward, telling the stories of thirteen social enterprises ranging from non-profits like Charity:Water and DonorsChoose.org, to for-profits, like Method and Burts Bees; from startups like Etsy and Warby Parker, to multinational corporations with market capitalizations in the hundreds of billions, like Coca-Cola, IBM and Nike. Kyle Westaway digs beneath the public stories of these organizations’ success to reveal how they have harness the power of purpose. Taking readers behind the scenes, he shows how these leading social enterprises progressed from concept to scale, how they overcame common pitfalls, and how they managed to find an optimal balance between their mission and their business mandates. Westaway reveals that though there is no magic bullet formula that guarantees success, there are seven core practices that distinguish these market leaders from the pack of contenders. They are: DISCOVER THROUGH CURIOSITY // Finding the right opportunity catalyzes impact. DESIGN WITH HUMILTY // Prioritizing users creates killer products. BUILD THROUGH HUSTLE // Rallying people creates critical momentum for launch. FUND BY COMMITMENT // Aligning funders around a vision creates true partnerships. CONNECT WITH AUTHENTICITY // Authentic connection builds a movement. SCALE THROUGH COMMUNITY // Focusing on culture ensures smart growth. EVALUATE WITH HONESTY // Honest measurement ensures continual improvement. Profit & Purpose takes the literature on social entrepreneurship an important step forward, providing the practical tools for turning good intentions into breakaway success.
Publisher: John Wiley & Sons
ISBN: 1118708555
Category : Business & Economics
Languages : en
Pages : 220
Book Description
Why has Warby Parker been able to make such dramatic inroads against the behemoths in the long established eyeglass market? How has Method revolutionized the soap aisle? Amid the cacophony of online retailers, why has Etsy seen such explosive growth, with 2013 annual sales north of $1 billion? These companies all have been disruptive because they are operating from a strong social/environmental purpose. They are proving a counterintuitive truth – purpose can drive profits. But it’s not just innovative startups that are getting in on the action. Blue chip companies such as Nike, Coca-Cola and IBM are innovating within their organization to create a positive social and environmental impact globally. This is not a trend. It’s the future of business. Based on in-depth interviews with founders, Profit & Purpose profiles a number of the most successful pioneers of this new way forward, telling the stories of thirteen social enterprises ranging from non-profits like Charity:Water and DonorsChoose.org, to for-profits, like Method and Burts Bees; from startups like Etsy and Warby Parker, to multinational corporations with market capitalizations in the hundreds of billions, like Coca-Cola, IBM and Nike. Kyle Westaway digs beneath the public stories of these organizations’ success to reveal how they have harness the power of purpose. Taking readers behind the scenes, he shows how these leading social enterprises progressed from concept to scale, how they overcame common pitfalls, and how they managed to find an optimal balance between their mission and their business mandates. Westaway reveals that though there is no magic bullet formula that guarantees success, there are seven core practices that distinguish these market leaders from the pack of contenders. They are: DISCOVER THROUGH CURIOSITY // Finding the right opportunity catalyzes impact. DESIGN WITH HUMILTY // Prioritizing users creates killer products. BUILD THROUGH HUSTLE // Rallying people creates critical momentum for launch. FUND BY COMMITMENT // Aligning funders around a vision creates true partnerships. CONNECT WITH AUTHENTICITY // Authentic connection builds a movement. SCALE THROUGH COMMUNITY // Focusing on culture ensures smart growth. EVALUATE WITH HONESTY // Honest measurement ensures continual improvement. Profit & Purpose takes the literature on social entrepreneurship an important step forward, providing the practical tools for turning good intentions into breakaway success.
Understanding Social Enterprise
Author: Rory Ridley-Duff
Publisher: SAGE
ISBN: 1473943523
Category : Business & Economics
Languages : en
Pages : 589
Book Description
The emergence of social enterprises over the past 35 years has been an exciting and significant development in the economy at a local, national and international level. How should we understand the growing popularity of social enterprise and the wider social economy? Are alternative business models even more relevant in an uncertain business climate? Do they provide a robust response to periods of state ′austerity′? How do social enterprises contribute to global initiatives to improve the sustainability and responsibility of the business community? Through discussion of theoretical and practical considerations for the field, and a wealth of learning features, this 2nd edition of Understanding Social Enterprise: Focuses on the distinct pathways that social enterprises follow, critiquing the competencies and practices that contribute to a successful social economy Contains updated coverage on sector issues, including the recent development of the social investment industry Explores how private, voluntary and public sector agencies engage the social economy, and how distinctive new forms have emerged from it Examines the management of social enterprises in different contexts within the social economy Contains updated coverage of international issues informed by global studies of the social economies. Revisions include a new, tripartite structure and two new chapters on ′Marketing and Measuring Social Value′ and ′Social Investment and Crowd Funding′. Visit the companion website for sample curricula, instructors’ manual, PowerPoint slides and extra case studies for lecturers, and access to full-text journal articles for students.
Publisher: SAGE
ISBN: 1473943523
Category : Business & Economics
Languages : en
Pages : 589
Book Description
The emergence of social enterprises over the past 35 years has been an exciting and significant development in the economy at a local, national and international level. How should we understand the growing popularity of social enterprise and the wider social economy? Are alternative business models even more relevant in an uncertain business climate? Do they provide a robust response to periods of state ′austerity′? How do social enterprises contribute to global initiatives to improve the sustainability and responsibility of the business community? Through discussion of theoretical and practical considerations for the field, and a wealth of learning features, this 2nd edition of Understanding Social Enterprise: Focuses on the distinct pathways that social enterprises follow, critiquing the competencies and practices that contribute to a successful social economy Contains updated coverage on sector issues, including the recent development of the social investment industry Explores how private, voluntary and public sector agencies engage the social economy, and how distinctive new forms have emerged from it Examines the management of social enterprises in different contexts within the social economy Contains updated coverage of international issues informed by global studies of the social economies. Revisions include a new, tripartite structure and two new chapters on ′Marketing and Measuring Social Value′ and ′Social Investment and Crowd Funding′. Visit the companion website for sample curricula, instructors’ manual, PowerPoint slides and extra case studies for lecturers, and access to full-text journal articles for students.