Designing the multi-business corporation

2018 ◽  
pp. 175-198
Keyword(s):  
Author(s):  
Ron Harris

Before the seventeenth century, trade across Eurasia was mostly conducted in short segments along the Silk Route and Indian Ocean. Business was organized in family firms, merchant networks, and state-owned enterprises, and dominated by Chinese, Indian, and Arabic traders. However, around 1600 the first two joint-stock corporations, the English and Dutch East India Companies, were established. This book tells the story of overland and maritime trade without Europeans, of European Cape Route trade without corporations, and of how new, large-scale, and impersonal organizations arose in Europe to control long-distance trade for more than three centuries. It shows that by 1700, the scene and methods for global trade had dramatically changed: Dutch and English merchants shepherded goods directly from China and India to northwestern Europe. To understand this transformation, the book compares the organizational forms used in four major regions: China, India, the Middle East, and Western Europe. The English and Dutch were the last to leap into Eurasian trade, and they innovated in order to compete. They raised capital from passive investors through impersonal stock markets and their joint-stock corporations deployed more capital, ships, and agents to deliver goods from their origins to consumers. The book explores the history behind a cornerstone of the modern economy, and how this organizational revolution contributed to the formation of global trade and the creation of the business corporation as a key factor in Europe's economic rise.


Polity ◽  
2021 ◽  
Vol 53 (1) ◽  
pp. 101-131 ◽  
Author(s):  
R.J.G. Claassen

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
David Ciepley

AbstractIn honor of Lynn Stout’s efforts to better suit the business corporation for the pursuit of long-term, publicly-beneficial purposes, the present essay reviews critically the historical process by which the corporation’s tie to public purposes—a precondition of the earliest grants of corporate powers to business enterprisers—was slowly severed. And it explores a form of corporate control, once widespread in the U.S. and easily revivable, that could partially restore corporate emphasis on public benefits—the foundation-controlled corporation.


Author(s):  
David Guenther

American corporate law has long drawn a bright line between for-profit and non-profit corporations. In recent years, hybrid or social enterprises have increasingly put this bright-line distinction to the test. This Article asks what we can learn about the purpose of the American business corporation by examining its history and development in the United States in its formative period from roughly 1780-1860. This brief history of corporate purpose suggests that the duty to maximize profits in the for-profit corporation is a relatively recent development. Historically, the American business corporation grew out of an earlier form of corporation that was neither for-profit nor nonprofit in today’s parlance but rather, served a multitude of municipal, religious, charitable, educational, and eventually business purposes in early nineteenth-century New England. The purposes of early American business corporations—rather than maximization of profit to private shareholders— were often overtly public, involving development of local transportation, finance, and other much-needed economic infrastructure. With the rise of factory-based manufacturing, railroads, and other capital-intensive industries in the middle decades of the nineteenth century and the advent of general incorporation statutes, the purpose of the American business corporation shifted fundamentally from public to private. By 1860, the stage was set for the modern firm. This Article concludes that the corporation has no intrinsic purpose. The corporation’s defining features are separate legal personality and the ability to aggregate capital toward any otherwise lawful end, whether for-profit or nonprofit. Social enterprises today more closely resemble the early American business corporation than the profit-maximizing modern firm. Social enterprise should be seen less as a legally uncertain novelty than a return to the business corporation’s nineteenth-century American roots. Finally, this Article suggests potential limitations for social enterprise.


AdBispreneur ◽  
2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Iwan Nuryan

ABSTRACTGood Corporate Governance (GCG) is a important measure in the corporation an business practice. Some fact that showed lowed rank in the implementation of GCG in Indonesia, had been one of important factors that caused economic crisis and slow face of economic growth in Indonesia, This is had been a trigger to all stakeholders to continue encourage implementation of GCG in Indonesia. There are four important principal in GCG that now continue to encourage, fairness, transparency, accountability, and responsibility.At the level of practice, the application of GCG in Indonesia, especially in BUMN and BUMD is still very low. Some of the obstacles that hinder the implementation of GCG in Indonesia, especially in BUMN and BUMD are the internal constraints, external constraints, and constraints of ownership. To overcome the obstacles it needs to be stressed to continue to raise awareness of all stakeholders about the important of GCG implementation, strengthening the legal basis of GCG implementation, strengthening  government system reform until clean government that free from corruption had been establish, and do some reform throughout the business corporation that runs in Indonesia. Keywords : strategy, GCG, BUMN, BUMD   STRATEGI PENGEMBANGAN DAN PENERAPAN GOOD CORPORATE GOVERNANCE (GCG) BAGI BUMN DAN BUMD DI INDONESIA ABSTRAKGood Corporate Governance (GCG) merupakan sebuah instrumen penting dalam praktek bisnis dan perusahaan. Fakta menunjukkan bahwa rendahnya penerapan GCG di Indonesia telah menjadi salah satu faktor penting terjadinya krisis ekonomi di Indonesia serta lambatnya pertumbuhan ekonomi di Indonesia. Hal ini telah menjadi pendorong berbagai pihak untuk terus mendorong penerapan GCG di Indonesia. Empat prinsip penting dalam GCG yang saat ini terus didorong untuk diterapkan adalah kewajaran, transparansi, akuntabilitas, dan responsibilitas. Pada tataran praktek, penerapan GCG di Indonesia, khususnya pada BUMN dan BUMD masih sangat rendah. Beberapa kendala yang menghambat penerapan GCG di Indonesia, khususnya pada BUMN dan BUMD adalah kendala internal, kendala eksternal, dan kendala kepemilikan. Untuk mengatasi berbagai kendala tersebut maka perlu ditekankan untuk terus meningkatkan kesadaran berbagai pihak akan pentingnya penerapan GCG,   memperkuat   dasar  hukum  penerapan  GCG,   mereformasi  sistem  pemerintahan  hingga terciptanya praktek clean government yang bebas KKN serta reformasi di seluruh korporasi bisnis yang berjalan di Indonesia. Kata kunci : strategy, GCG, BUMN, BUMD


2021 ◽  
Author(s):  
Andrea W. Zanetti

This paper seeks to explain why and how executive severances of publicly-traded Canadian and U.S. companies have reached the financial levels they have, generating public and shareholder outrage and causing governments on both sides of the border to introduce new legislation. The paper investigates the role of the CEO, boards and shareholders in the setting of executive compensation. As the origins ofthe three roles lie in business corporation law, the legislative framework of Canadian and U.S. companies is presented to permit the reader to understand the legal accountabilities and rights of each of the three parties. The paper identifies that executives may exercise substantial influence over boards, possibly impeding effective governance. The paper concludes that effective governance, including greater board independence and board competence in executive compensation matters will help to improve board functioning and minimize the effects of the agency problem, cronyism and managerial power.


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