Conversion from nonprofit to for-profit legal status: Why does it happen and should anyone care?

1998 ◽  
pp. 129-148 ◽  
Author(s):  
John H. Goddeeris ◽  
Burton A. Weisbrod
Keyword(s):  
Legal Status ◽  
For Profit

scholarly journals Performance Evaluation of Sheltered Workshops. Does Legal Status Matter?

2021 ◽  
Vol 13 (3) ◽  
pp. 1100
Author(s):  
María-Celia López-Penabad ◽  
José Manuel Maside-Sanfiz ◽  
Juan Torrelles-Manent ◽  
Carmen López-Andión
Keyword(s):  
Economic Efficiency ◽  
Social Enterprise ◽  
Market Integration ◽  
Legal Status ◽  
Economic Returns ◽  
Truncated Regression ◽  
Social Efficiency ◽  
Non Profit ◽  
Sheltered Workshops ◽  
For Profit

Social enterprise pursues both social and economic goals and is recognized as a formula for achieving sustainable development. Sheltered workshops (SWs) are a manifestation of this phenomenon, their main objective being the labor market integration of disabled people. In this paper, the efficiency of SWs has been studied taking into account the operational and the core social aspects, as well as their distinct nature, namely for-profit or non-profit status. Additionally, we have analyzed the relationship between the social efficiency and the economic returns of these entities. To do this, a semiparametric methodology, combining different data envelopment analysis (DEA) models with truncated regression estimation has been used. It is the non-profit and top-performing SWs that achieve the best social and economic efficiency. For-profit and low-performing SWs show further reductions in social efficiency as a result of the economic crisis and uncertainty in subsidy-related public policies. Their extensive social proactiveness and high economic strength in the crisis period positively influenced their social and economic efficiency. We have also proven that it is the most profitable SWs that have the greatest social efficiency. We consider that our results constitute a useful complement to other evaluation models for social enterprise.

The influence of social responsibility on employee productivity and sales growth

2018 ◽  
Vol 9 (4) ◽  
pp. 392-421 ◽  
Author(s):  
Andrea Romi ◽  
Kirsten A. Cook ◽  
Heather R. Dixon-Fowler
Keyword(s):  
Firm Value ◽  
Legal Status ◽  
Social Issues ◽  
Profit Maximization ◽  
Employee Productivity ◽  
Sales Growth ◽  
Empirical Examination ◽  
Content Type ◽  
For Profit ◽  
National Boundaries

Purpose The purpose of this paper is to examine whether B corps’ (for-profit entities whose owners voluntarily commit to conduct business in a socially responsible manner, beyond traditional CSR, that generates profits, but not at the expense of stakeholders) commitment to social issues influences two aspects of financial performance: employee productivity and sales growth. Design/methodology/approach This paper is an exploratory analysis of B corps. This paper examines B corps with B Lab’s B Impact Assessment reports and PrivCo financial data, for descriptive information. This paper also analyzes the financial impact of obtaining and reporting on excellence in both employee and consumer focus, as well as the differences in financial growth between B corps and non-hybrid peers. Findings Overall, results suggest that, among B corps whose treatment of employees (consumers) is recognized as an “area of excellence,” employee productivity (sales growth) is significantly higher. Additionally, sales growth is significantly higher for B corps relative to their peer, non-hybrid, matched firms. Practical implications Results from this study inform states considering the adoption of the B corp legal status – this legal status does not hinder firm profitability, but instead enhances long-term firm value while allowing firms to beneficially affect their communities, consumers, employees and the environment. Social implications Results from this study provide important insights regarding the current paradigm shift from the traditional business focus on profit maximization to a fruitful coexistence of profits with social interests and initiatives, within a structure of dissolving national boundaries and increasingly divergent logics. Originality/value This paper provides an initial empirical examination of B corp performance.

scholarly journals How self-government in Catalonia has integrated private not for profit care in the public healthcare service

2021 ◽  
Vol 6 (1) ◽  
pp. 263-280
Author(s):  
Lluis Bohigas
Keyword(s):  
Legal Status ◽  
Methodological Approach ◽  
Public Healthcare ◽  
Specific Situation ◽  
Hospital Policy ◽  
Public System ◽  
The Public ◽  
For Profit ◽  
Not For Profit ◽  
Formed Part

This study aims to analyze how the hospital policy of the Catalan government during the period 1980-2020 was adapted to the specific situation in Catalonia and how it differs from previous policies put in place by the central Spanish government. The methodological approach is to present evidence found through analysis of official documents and study of changes in hospital’s affiliations during that particular period. The main contributions are to indicate that the legal status of the hospitals that, in 1980, formed part of the network of hospitals that collaborated with the public system (XHUP in its acronym in Catalan), has changed substantially when compared with the current situation today in 2020. Each case has been studied individually. The changes show a policy that keeps local government involved in healthcare matters and improves the overall efficiency of hospitals.

scholarly journals Legal Status and Development Trends of Credit Unions in Polish Law and its Compliance with the WOCCU Standards and the International Cooperative Principles

2020 ◽  
pp. 19-45
Author(s):  
Dominik Bierecki
Keyword(s):  
Legal Status ◽  
Credit Unions ◽  
Financial Supervision ◽  
Legal Regime ◽  
Development Trends ◽  
For Profit ◽  
Cooperative Society ◽  
World Council ◽  
Polish Law ◽  
Cooperative Principles

The article presents the outline of credit unions’ history in Poland, the credit unions’ legal status in Polish law and the credit union’s legal status as the European Cooperative Society (SCE). Conclusions driven from this analysis are compared with the World Council of Credit Unions (WOCCU) standards and the contents of the International Cooperative Principles. Also, the article discusses legal environment, government attitude and development trends of credit unions’ in Poland. In conclusion, the de lege ferenda postulates regarding credit unions’ regulation in Poland are presented. Credit unions in Poland conduct not for profit business activity only with their members with reservation to mediating in specific contracts on financial market which can be also conducted with nonmembers. Credit unions activity is subject to supervision of the Polish Financial Supervision Authority (FSA). Therefore credit unions regulation is characterized by duality of legal regime of private and administrative law. However, in certain fields of credit unions activity the FSA’s supervision, performed under administrative legal regime, raises justified doubts in the light of the principle of cooperative autonomy as the FSA by law has the authority to impose specific orders and prohibitions on credit unions.Received: 06 September 2019Accepted: 21 February 2020Published online: 01 April 2020

CRIMINAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Professional Activity ◽  
Professional Activities ◽  
For Profit ◽  
Illegal Behavior ◽  
Administration Of Justice ◽  
The Status

The article presents the key features of the criminal liability of judges. It has been established that the legal basis for bringing judges to criminal liability is governed by the provisions of the Law of Ukraine "On the Judicial System and the Status of Judges", the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine. It has been established that usually the illegal behavior of a judge or the irresponsibility of a judge primarily arises from the imperfection of the legislation, which regulates the main aspects of a judge's behavior in the course of his professional activities. It has been determined that, in accordance with Article 375 of the Criminal Code of Ukraine, a judge who has passed a false sentence (decision, ruling or ruling) is prosecuted and punished by restraint of liberty for a term of up to five years or imprisonment for a term of two to five years, and In the event of grave consequences as a result of such actions of a judge or their commission for profit, for personal purposes or to create an obstacle to the legality of the journalist's professional activity, the judge is punished with imprisonment for a term of five to eight years. It has been proved that the main elements of a judge's legal status are immunity, which provide for the conduct of an independent justice. It was found that judges cannot be held accountable for their judicial decisions, except for cases when they committed a crime or disciplinary offense. It has been established that a judge can be detained on the basis of a suspicion of an act they have committed, for which it is envisaged to bring to criminal or administrative responsibility, with the exception of cases specified in the legislation. It has been determined that, on the basis of bringing a judge to criminal responsibility, he may be temporarily suspended from the administration of justice for a period of not more than two months on the basis of a petition made by the Prosecutor General of Ukraine or his deputies in accordance with the procedure established by law, while only the High Council of Justice makes a decision on the temporary suspension of a judge from administering justice. It has been proved that the court in which the judge committed a criminal offense and which is subject to criminal liability, holds or has held the office of a judge, cannot bring charges against a judge and carry out on the following grounds of justice with a judgment, except in cases determined by law. It has been determined that bringing judges to criminal responsibility is a rather difficult process, since today there are few cases in which judges were held accountable for their crimes.

scholarly journals Internetional Experience Of Legal Regulation Of The Status Of Non-Entrepreneurial Legal Entities

2021 ◽  
pp. 22-33
Author(s):  
O.I. Zozuliak ◽  
Yu.I. Paruta
Keyword(s):  
Legal Status ◽  
Scientific Work ◽  
Legal Regulation ◽  
Legal Personality ◽  
For Profit ◽  
The Status ◽  
Legal Model ◽  
Charity Organization ◽  
European Standards ◽  
Legal Entities

The article deals with studying the legislation of individual countries on the legal status of non-entrepreneurial legal entities. It is stated that in international practice there is no single term that would describe all non-entrepreneurial legal entities. Typically, several terms are used, such as non-for-profit orgnisation, non­governmental organization, charity organization, private voluntary organization, civil social organization. In the scientific work authors analyzed the documents that are common to the whole European community and individual countries. The main features of non­entrepreneurial legal entities according to European standards are outlined. Among them: the main goal can not be making a profit, and in the case of making a profit it is aimed at achieving the goals for which the organization was created, non­entrepreneurial legal entities with legal personality acquire the same rights as other legal entities, the possibility of creating member organizations and organizations without membership. It is noted that the division of non-entrepreneurial legal entities on the basis of the system is the fundamental in Poland. That is why non­entrepreneurial legal entities in Poland are divided into companies and foundations. German law provides the creation of not only companies and foundations, but also associations that may not be intended for business purposes. The scientific work studies not only the provisions of legislative acts, but also the scientific developments of domestic and foreign scientists. In particular, doctrinal approaches to non-entrepreneurial legal entities in Germany, Japan, England and Wales were studied. It is concluded that it is not possible to accept the legal model of a non­entrepreneurial legal entity of a certain country and introduce it into national legislation, because each country has its own peculiarities.

To B or not to B? The Journey of “Coding Autism” Toward the B Corp Certification

2018 ◽  
Vol 1 (2) ◽  
pp. 194-204
Author(s):  
Maria Ballesteros-Sola ◽  
Morgan Stickney ◽  
Yvette Trejo
Keyword(s):  
Social Issue ◽  
Legal Status ◽  
Limited Liability ◽  
Critical Question ◽  
Sustainable Business ◽  
For Profit ◽  
Advantages And Disadvantages ◽  
The Social ◽  
Business Practitioners ◽  
Social And Environmental Performance

This case is based on Coding Autism, a limited liability company founded in April 2017 and located in Westlake Village (California). The case features the decision process followed by the cofounder, Oliver Thornton regarding the opportunity to seek B Corp certification. B Corp is a certification granted by the nonprofit B Lab founded in Philadelphia in 2006 that recognizes for-profit organizations for meeting the “highest standards of verified social and environmental performance, public transparency, and legal accountability and aspire to use the power of markets to solve social and environmental problems.” The case describes the social issue, the start-up, and the social entrepreneur’s background as well as his rationale and analysis finally to become a certified B Corp. The case introduces the students to the social issue of unemployment among young adults within the Autistic spectrum. It also explains what a B Corp is, the process to become certified, the B Impact Assessment, as well as the advantages and disadvantages of seeking the certification. It also describes the differences between the B Corp certification and the relatively new legal status, the benefit corporation. This case sheds light on a critical question relevant for social entrepreneurship students, scholars, and sustainable business practitioners.

Hospitals: N.Y. Appellate Court Denies Move to Privatize Public Hospital

1999 ◽  
Vol 27 (2) ◽  
pp. 202-203
Author(s):  
Robert Chatham
Keyword(s):  
New York ◽  
New York City ◽  
York City ◽  
Public Health System ◽  
Municipal Hospital ◽  
The Public ◽  
Public Benefit ◽  
For Profit ◽  
Benefit Corporation ◽  
The City

The Court of Appeals of New York held, in Council of the City of New York u. Giuliani, slip op. 02634, 1999 WL 179257 (N.Y. Mar. 30, 1999), that New York City may not privatize a public city hospital without state statutory authorization. The court found invalid a sublease of a municipal hospital operated by a public benefit corporation to a private, for-profit entity. The court reasoned that the controlling statute prescribed the operation of a municipal hospital as a government function that must be fulfilled by the public benefit corporation as long as it exists, and nothing short of legislative action could put an end to the corporation's existence.In 1969, the New York State legislature enacted the Health and Hospitals Corporation Act (HHCA), establishing the New York City Health and Hospitals Corporation (HHC) as an attempt to improve the New York City public health system. Thirty years later, on a renewed perception that the public health system was once again lacking, the city administration approved a sublease of Coney Island Hospital from HHC to PHS New York, Inc. (PHS), a private, for-profit entity.

Antitrust: U.S. Supreme Court Affirms FTC Jurisdiction but Vacates Scope of Analysis on CDA Policy

1999 ◽  
Vol 27 (2) ◽  
pp. 197-198
Author(s):  
Joseph R. Zakhary
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Federal Trade Commission ◽  
Ninth Circuit ◽  
Court Of Appeals ◽  
For Profit ◽  
Rule Of Reason ◽  
Antitrust Analysis ◽  
Business Financing ◽  
The U.S

In California Dental Association v. FTC, 119 S. Ct. 1604 (1999), the U.S. Supreme Court reviewed a decision by the U.S. Court of Appeals for the Ninth Circuit that a nonprofit affiliation of dentists violated section 5 of the Federal Trade Commission Act (FTCA), 15 U.S.C.A. § 45 (1998), which prohibits unfair competition. The Court examined two issues: (1) the Federal Trade Commission's (FTC) jurisdiction over the California Dental Association (CDA); and (2) the proper scope of antitrust analysis. The Court unanimously held that CDA was subject to FTC's jurisdiction, but split 5-4 in its finding that the district court's use of abbreviated rule-of-reason analysis was inappropriate.CDA is a voluntary, nonprofit association of local dental societies. It boasts approximately 19,000 members, who constitute roughly threequarters of the dentists practicing in California. Although a nonprofit, CDA includes for-profit subsidiaries that financially benefit CDA members. CDA gives its members access to insurance and business financing, and lobbies and litigates on their behalf. Members also benefit from CDA marketing and public relations campaigns.

Sign in / Sign up

Export Citation Format

Share Document