scholarly journals REGULATORY COMPETITION IN PARTNERSHIP LAW

2009 ◽  
Vol 58 (4) ◽  
pp. 767-802 ◽  
Author(s):  
Mathias M Siems
Keyword(s):  
Empirical Data ◽  
Country Of Origin ◽  
Limited Liability ◽  
Company Law ◽  
Regulatory Competition ◽  
The Us ◽  
Different Types ◽  
The Uk ◽  
Limited Partnerships ◽  
Limited Liability Partnership

AbstractRegulatory competition in company law has been extensively debated in the last few decades, but it has rarely been discussed whether there could also be regulatory competition in partnership law. This article fills this gap. It addresses the partnership law of the US, the UK, Germany, and France, and presents empirical data on the different types of partnerships and companies established in these jurisdictions. The main focus is on the use of a limited liability partnership (LLP) outside its country of origin. It is also considered whether some regulatory competition can take place in the law of limited partnerships.

Exploring Funding in Higher Education Sector in Oman

2021 ◽  
Vol 12 (2) ◽  
pp. 10-20
Author(s):  
Mouza Said Al Kalbani ◽  
Ahmad Bintouq
Keyword(s):  
Higher Education ◽  
Private Education ◽  
Education Sector ◽  
Decision Makers ◽  
Government Support ◽  
Tuition Fees ◽  
Funding Sources ◽  
The Us ◽  
Different Types ◽  
The Uk

Funding of higher education institutions is a major growing expense for the Oman government (13–14% of the total spending in 2016) and is at par with that of other governments (e.g., 11% in the UK and 15.5% in the US). However, there has been little investigation into the funding of quality higher education in Oman. The present research project aims to explore the sources of funding at Oman universities after it opened the private education sector in 1996. The research methodology includes conducting interviews with leaders in higher education to explore different types of funding (e.g., gifts, tuition fees, government support). This will enhance our understanding, as well as that of decision-makers, regarding universities' funding sources and of the higher education landscape.

15. Business Organizations

2019 ◽  
pp. 421-451
Author(s):  
Lucy Jones
Keyword(s):  
Limited Liability ◽  
Business Organizations ◽  
Limited Partnership ◽  
Legal Personality ◽  
Different Types ◽  
The Common ◽  
The Difference ◽  
Set Up ◽  
Limited Liability Partnership ◽  
The Relationship

This chapter discusses the common types of business organizations and explains the difference between unincorporated and incorporated businesses. The three types of partnership arrangements are considered, namely a general (ordinary) partnership, a limited partnership, and a limited liability partnership. The chapter includes discussion of the rules relating to partnerships under the Partnership Act 1890 and the Limited Liability Partnership Act 2000. It explains how different types of partnerships may be set up and looks at the relationship between partners and the relationship between partnerships and outsiders. It considers the dissolution of the different types of partnerships. The chapter concludes with a discussion of the different types of companies and the separate legal personality of companies.

15. Business Organisations

2017 ◽  
Author(s):  
Lucy Jones
Keyword(s):  
Limited Liability ◽  
Limited Partnership ◽  
Legal Personality ◽  
Different Types ◽  
The Common ◽  
The Difference ◽  
Set Up ◽  
Limited Liability Partnership ◽  
The Relationship

This chapter discusses the common types of business organisations and explains the difference between unincorporated and incorporated businesses. The three types of partnership arrangements are considered, namely a general (ordinary) partnership, a limited partnership, and a limited liability partnership. The chapter includes discussion of the rules relating to partnerships under the Partnership Act 1890 and the Limited Liability Partnership Act 2000. It explains how different types of partnerships may be set up and looks at the relationship between partners and the relationship between partnerships and outsiders. It considers the dissolution of the different types of partnerships. The chapter concludes with a discussion of the different types of companies and the separate legal personality of companies.

1. Business structures

2018 ◽  
Author(s):  
Lee Roach
Keyword(s):  
Limited Liability ◽  
Essential Information ◽  
Sole Proprietorship ◽  
Business Structures ◽  
The Uk ◽  
Limited Liability Partnership

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the four principal business structures in the UK, namely the sole proprietorship, ordinary partnership, limited liability partnership (LLP), and company. The LLP and the company are created via a process called incorporation and are therefore known as incorporated business structures or, as they are referred to in their respective statutes, as ‘bodies corporate’. The sole proprietorship and the ordinary partnership are not created via incorporation and so are known as unincorporated business structures.

Two Types of Regulatory Competition: Competitive Federalism Versus Reflexive Harmonisation. A Law and Economics Perspective on Centros

1999 ◽  
Vol 2 ◽  
pp. 231-260 ◽  
Author(s):  
Simon Deakin
Keyword(s):  
Law And Economics ◽  
Capital Requirements ◽  
Company Law ◽  
Regulatory Competition ◽  
The European Union ◽  
Legal Rules ◽  
Minimum Capital ◽  
The Uk ◽  
The Right ◽  
Competitive Federalism

There is a growing debate about the desirability of allowing greater scope for regulatory competition inside the European Union. The argument for doing so is that competition between the Member States in the production of legal rules will lead to greater economic efficiency than can be achieved through the harmonisation of standards. The Court’s ruling in Centros appears to mark a significant move in the direction of inter-state competition in company law. In deciding that a company founded by Danish citizens in the UK, thereby avoiding Danish minimum capital requirements, could not be denied the right to register an overseas branch in Denmark for the purposes of trading there, the Court has rekindled a long-running debate about the siège réel doctrine.

1. Business structures

2016 ◽  
Author(s):  
Lee Roach
Keyword(s):  
Limited Liability ◽  
Essential Information ◽  
Sole Proprietorship ◽  
Business Structures ◽  
The Uk ◽  
Limited Liability Partnership

EachConcentraterevision guide is packed with essential information, key cases, revision tips, exam Q&As, and more.Concentratesshow you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the four principal business structures in the UK: sole proprietorship, ordinary partnership, limited liability partnership (LLP), and company. The LLP and the company are created via a process called incorporation and are therefore known as incorporated business structures or, as they are referred to in their respective statutes, as ‘bodies corporate’. The sole proprietorship and the ordinary partnership are not created via incorporation and so are known as unincorporated business structures.

Competition in Defence Practice

2017 ◽  
pp. 22-38
Author(s):  
Trevor Taylor
Keyword(s):  
Empirical Data ◽  
Market Structures ◽  
Imperfect Market ◽  
The Us ◽  
Defence Sector ◽  
Theoretical Question ◽  
The Uk

This chapter compares theory about the consequences of competition with market structures and procurement experiences in the defence sector. The arguments are largely theoretical, reflecting commercial logic and propositions about behaviour in highly imperfect market structures. They are meant to illuminate what can happen, and sometimes does occur, rather than what must result. A crucial theoretical question is how competition is likely to work when there is only one immediate customer (and only a few possible customers in the longer run) and only a small number of potential suppliers (for each of whom an order may be of strategic significance). However, the US and the UK have published empirical data on the use of competition in defence, and appropriate reference is made to this.

Two Types of Regulatory Competition: Competitive Federalism Versus Reflexive Harmonisation. A Law and Economics Perspective on Centros

1999 ◽  
Vol 2 ◽  
pp. 231-260 ◽  
Author(s):  
Simon Deakin
Keyword(s):  
Law And Economics ◽  
Capital Requirements ◽  
Company Law ◽  
Regulatory Competition ◽  
The European Union ◽  
Legal Rules ◽  
Minimum Capital ◽  
The Uk ◽  
The Right ◽  
Competitive Federalism

There is a growing debate about the desirability of allowing greater scope for regulatory competition inside the European Union. The argument for doing so is that competition between the Member States in the production of legal rules will lead to greater economic efficiency than can be achieved through the harmonisation of standards. The Court’s ruling inCentrosappears to mark a significant move in the direction of inter-state competition in company law. In deciding that a company founded by Danish citizens in the UK, thereby avoiding Danish minimum capital requirements, could not be denied the right to register an overseas branch in Denmark for the purposes of trading there, the Court has rekindled a long-running debate about thesiège réeldoctrine.

scholarly journals Piercing the corporate veil in various jurisdictions – Principled or unprincipled?

2020 ◽  
Vol 16 (2) ◽  
pp. 47-53
Author(s):  
Badar Mohammed Almeajel Alanazi
Keyword(s):  
Limited Liability ◽  
Developed Countries ◽  
Court Cases ◽  
Legal Rules ◽  
The Us ◽  
The Subject ◽  
Piercing The Corporate Veil ◽  
The Uk ◽  
A Company ◽  
Fair Balance

The principle of limited liability of a company has been uniformly adopted by developed countries. In order to ensure a fair balance, the courts agree on occasion to ‘pierce’ or ‘lift’ the corporate veil, which involves imposing liability on the mother company for actions of its subsidiary or individual shareholders, directors, and other involved persons for actions of the company. In this regard, there have been several studies arguing the legal issues associated with the limited liability of a company and piercing the corporate veil such as Schall (2016) and Michoud (2019). This paper compares current veil-piercing practices in three jurisdictions: the UK, the US, and Australia in order to outline the advantages and limitations of the approaches taken by the courts in each country as well as to identify best practices in terms of veil piercing. For that purpose, an analytical approach to the examination of the relevant legal rules, principles, and court cases has been adopted in undertaking the present paper. The paper comes up with a number of specific suggestions and recommendations for improving the regulatory role in regard to the subject of piercing of the corporate veil.

Corporate Purpose: A Management Concept and its Implications for Company Law

2021 ◽  
Vol 18 (2) ◽  
pp. 161-189
Author(s):  
Holger Fleischer
Keyword(s):  
Value Chain ◽  
Company Law ◽  
Dual Purpose ◽  
The Us ◽  
Management Concept ◽  
The Uk ◽  
Corporate Social ◽  
Purpose Clauses ◽  
Policy Proposals ◽  
Theoretical Foundations

Abstract Many companies have recently been following the so-called corporate purpose concept that is recommended by leading management scholars. To this end, they identify a raison d’être for their enterprise that goes beyond mere profit making and they anchor it in the entire value chain. This paper puts the corporate purpose concept into perspective by linking it to the larger debate on corporate social responsibility and by outlining its theoretical foundations and practical application. It then goes on by explaining how this management concept fits into the company law framework, looking to France and the UK as well as to the US and Germany. Finally, this paper assesses various policy proposals made by leading purpose proponents, ranging from mandatory purpose clauses in the articles of association to say-on-purpose shareholder voting and dual-purpose business organisations.

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