New Mexico

2017 ◽  
Author(s):  
David K. Jones
Keyword(s):  
New Mexico ◽  
Board Of Directors ◽  
The State ◽  
Governance Model ◽  
The Board Of Directors ◽  
Set Up ◽  
The Right

The fight over an exchange had a very different dynamic in New Mexico because there were no loud voices on the right calling for the state to reject control. Republican Governor Susanna Martinez supported retaining control, but strongly preferred a governance model that allowed insurers to serve on the board of directors and limited the degree of oversight by the board on the types of plans that could be sold on the exchange. Governor Martinez vetoed legislation in 2011 that would have set up a different model of an exchange. Institutional quirks meant the legislature did not have the opportunity to weigh in again for two years, until 2013. By this point it was too late and the state had to rely on the federal website despite passing legislation to run its own exchange.

scholarly journals Restructuring Insurance Policy as an Ultra Vires Action Based on Limited Liability Company Law

2021 ◽  
Vol 04 (07) ◽  
Author(s):  
Handoyo Prasetyo ◽  
Keyword(s):  
Board Of Directors ◽  
Limited Liability ◽  
Pension Funds ◽  
The State ◽  
Company Law ◽  
Insurance Policy ◽  
The Board Of Directors ◽  
The Law ◽  
The Republic ◽  
The Right

As mentioned in the Constitution of the Republic of Indonesia of 1945, everyone has the right to live and the right to defend his life. All citizens are equally in the law and must uphold the law without exception. These rights and obligations also apply to workers who after devoting their lives for decades to the state through the company in which they work, entering retirement age and subsequently starting a new life as a retiree. There is a belief that State-Owned Enterprises (it is called as BUMN) is unlikely to go bankrupt because it is owned by the State, becomes the main choice of retirees to entrust the management of their pension funds to PT Asuransi Jiwasraya (Persero). The problem arises when Jiwasraya plans a restructuring program of all Jiwasraya insurance policy, including an annuity policies owned by millions of retirees as a result of the losses suffered by Jiwasraya due to mismanagement and corruptive behavior of former The Board of Directors of Jiwasraya. Pensioners strongly object to the restructuring plan because it has the effect of reducing monthly pensioner benefits by up to 40% (forty percent), a very large amount that means for retirees who rely heavily on monthly money from pension funds, especially during the Covid-19 pandemic health and life costs are also increasing. This study will analyze whether the actions of The Board of Directors of Jiwasraya who restructure insurance policies fall into the category of ultra vires (actions outside the the board of directors authority), which to answer it researchers will use normative juridical research methods. From the results of this study, it was concluded that the insurance policy restructuring program is an ultra vires action, therefore it must be null and void.

What's Going On…

1985 ◽  
Vol 32 (7) ◽  
pp. 33
Keyword(s):  
Board Of Directors ◽  
Computer Use ◽  
Mathematics Classroom ◽  
Position Paper ◽  
The State ◽  
University Of Montana ◽  
The Board Of Directors ◽  
Mathematics Department

Montana position paper on computer use. A position paper on the use of the computer in the mathematics classroom has been developed by a committee of the Montana Council of Teachers of Mathematics. The paper addresses five major issues identified by the committee and states the position of the council on each of these issues. The board of directors of the Montana council and the council-at-large adopted the position paper at their statewide conference in October 1984, and it is being distributed throughout the state. Copies of the position paper can be obtained from Richard Billstein, Mathematics Department, University of Montana, Missoula, MT 59801 (406/243–2603).

Legal Characteristics of a Servitude in the Public Interest

2016 ◽  
Vol 14 (4) ◽  
pp. 937-939
Author(s):  
Renato Vrenčur ◽  
Michael Knaus ◽  
Matjaž Tratnik
Keyword(s):  
Public Interest ◽  
Economic Activity ◽  
The State ◽  
Public Infrastructure ◽  
Public Interests ◽  
The Public ◽  
Legal Nature ◽  
Set Up ◽  
The Right ◽  
Limited Duration

Servitudes (easements) traditionally include the right to use foreign property. Specific types of servitudes are servitudes in the public interest. These are set up either in favour of the state, municipalities or operators of utilities. These servitudes are subject to some specific rules. For example, servitude in the public interest is established to carry out an undertaking for the operation of economic activity, i.e. to pursue public interests. It is needed for the duration of the use of public infrastructure; therefore, Article 227 of SPZ, under which a servitude may only be established for a limited duration of not more than thirty years, is not suitable for these servitudes. Furthermore, these servitudes are not independently transferable; they are transferred together with the right to operate economic public infrastructure. The authors discuss in particular the specific legal nature of a servitude in the public interest.

Leading Decisions of the Supreme Court of Israel and Extracts of the Judgment

1998 ◽  
Vol 32 (1) ◽  
pp. 139-178
Author(s):  
Omi Morgenstern Leissner
Keyword(s):  
Affirmative Action ◽  
Supreme Court ◽  
Board Of Directors ◽  
The State ◽  
Oil Refinery ◽  
Single Woman ◽  
Court Of Justice ◽  
The Supreme Court ◽  
The Board Of Directors ◽  
The Government

Israel Women's Network v. The Government of Israel (1994) 48(v) P.D. 501The petitioner, the Israel Women's Network, petitioned the Supreme Court of Justice against the appointment of a new member to the Ports and Railways Council and against the appointment of two new directors on behalf of the State to the board of directors of the State-controlled Oil Refinery. All three of the new appointees were men, such that neither of the two councils included a single woman in their composition. The petitioner disputed the constitutionality of these appointments arguing that in the particular circumstances and in line with sec. 18A of the Government Companies Law, the appointees ought to have been women. By a majority decision the Supreme Court held that the respondent did not fulfill the duty of affirmative action required by sec. 18A of the Law, and that the cancellation of the appointments made was justified.

scholarly journals KONTRAK PERSEROAN TERBATAS YANG MENGANDUNG TINDAKAN ULTRA VIRES

2021 ◽  
Vol 4 (1) ◽  
pp. 79-82
Author(s):  
Yoel Bello ◽  
Zulkifli Makkawaru ◽  
Abd. Haris Hamid
Keyword(s):  
Board Of Directors ◽  
Limited Liability ◽  
District Court ◽  
Limited Liability Company ◽  
The Board Of Directors ◽  
The Right

Kegiatas usaha perseroan terbatas dilaksanakan oleh organ perseroan terbatas yaitu Direksi perseroan terbatas, Direksi dapat mewakili perseroan terbatas untuk melakukan kontrak dengan pihak terkait. Tindakan mewakili Perseroan Terbatas oleh Direksi harus sesuai dengan aturan sebagaiman dalam Undang-Undang No. 40 Tahun 2007 Tentang Perseroan Terbatas atau yang telah ditentukan dalam Anggaran Dasar Perseroan Terbatas. Apabilan tidakan Direksi Perseroan Terbatas  melaksanakan Kontrak yang dapat merugikan Perseroan karena bertentangan dengan Undang-Undang No. 40 Tahun 2007 Tentang Perseroan Terbatas atau yang telah ditatur dalam Anggaran Dasar Perseroan Terbatas maka kontrak yang dibuat mengandung Ultra Vires. Jika Direksi melakukan tindakan Ultra Vires maka sesuai dengan Pasal 61 Undang-Undang No. 40 Tahun 2007 tentang Perseroan Terbatas, kepada Pemegang sahan berhak mengajukan Gugatan terhadap Perseroan ke Pengadilan Negeri. Limited liability companies are carried out by Directors of limited liability companies. The directors can represent limited liability companies to enter into contracts with related parties. The act of representing a Limited Liability Company by the Board of Directors must be in accordance with the provisions in Law No. 40 of 2007 concerning Limited Liability Companies or those stipulated in the Articles of Association of Limited Liability Companies. If the actions of the Board of Directors of a Limited Liability Company implement a Contract that could be detrimental to the Company because it is contrary to Law No. 40 of 2007 concerning Limited Liability Companies or those stipulated in the Articles of Association of Limited Liability Companies, the contracts made contain Ultra Vires. If the Board of Directors carries out Ultra Vires actions, in accordance with Article 61 of Law No. 40 of 2007 concerning Limited Liability Companies, the shareholders have the right to file a lawsuit against the Company to the District Court.

scholarly journals PENCATATAN PERUBAHAN DIREKSI DI KEMENTERIAN TERKAIT SEBAGAI DASAR PENYELESAIAN SENGKETA KEWENANGAN DIREKSI

2020 ◽  
Vol 28 (3) ◽  
pp. 369
Author(s):  
Maleakhi W. Sitompul
Keyword(s):  
Human Rights ◽  
Board Of Directors ◽  
Limited Liability ◽  
Third Parties ◽  
Limited Liability Company ◽  
Legal Provisions ◽  
Starting Point ◽  
The Board Of Directors ◽  
The Right ◽  
A Company

Research on the recording of changes to directors in the relevant Ministry, namely the Ministry of Law and Human Rights, aims to examine whether the authorized Directors in a company are Directors registered at the Ministry of Law and Human Rights. In addition, it is also to examine whether the provisions of Law no. 40 of 2007 concerning Limited Liability Companies and / or the Company's Articles of Association is sufficient to resolve disputes of authority in the event of a dispute regarding the composition and number of directors in a company, which one has the right to act against other parties. Disputes regarding the composition and authority of the Board of Directors in a limited liability company often become disputes in court, even though Indonesia's positive legal provisions have provided clear and firm rules about who the Board of Directors can represent in and out of court. Based on research, it can be seen that the starting point is from the provisions in Law No. 40 of 2007 Articles 29 and 98, changes in the members of the board of directors can only be effective for third parties, as from the date the changes are recorded in the Company Register by the Minister of Law and Human Rights in accordance with Law No. 40 of 2007 Articles 29 and 98.

scholarly journals RECRUITING FOR SUCCESS. DOES BOARD DIVERSITY MATTER?

2020 ◽  
Author(s):  
Meg E. Cotter Mazzola ◽  
Joseph L. Pontacolon ◽  
Angel Claudio ◽  
Javier A. Salguero ◽  
Marcelles James ◽  
...  
Keyword(s):  
Board Of Directors ◽  
Essential Role ◽  
Board Members ◽  
Motivating Factors ◽  
Board Diversity ◽  
Organization Level ◽  
Knowing That ◽  
Governance Model ◽  
External Stakeholders ◽  
The Board Of Directors

Nonprofits play an essential role in society. To realize their important missions, nonprofits rely on strong and committed leaders at both the organization level as well as the governance level. Nonprofits are obligated to have an active board of directors to operate. This reliance places the organization in a vulnerable position where they must recruit and engage with external stakeholders and identify individuals with the combination of talent needed to succeed as well as the passion for supporting the organization’s vision. Knowing that board members have a long lasting impact on their organizations, this paper looks at the varying models of governance and the implications for choosing one model over another. Determining the best structure for a governance model represents one component to setting an organization up for success. Equally, if not more important, is ensuring that the board of directors is composed of motivated and committed individuals who are steadfast in their efforts to support the mission of the organization. In order to find the best people for the role, an organization must understand what drives and motivates an individual to serve on a board. The topic of motivation as it relates to governance boards, and how existing boards can use the motivating factors to recruit and retain board members is explored. Finally, we explore the value of diverse board composition and whether certain criteria of diversity carry more weight in terms of impact than others.

Beerbohm Tree's Production of ‘The Tempest’, 1904

1995 ◽  
Vol 11 (44) ◽  
pp. 299-308
Author(s):  
Brian Pearce
Keyword(s):  
South Africa ◽  
Twentieth Century ◽  
Literary Criticism ◽  
Board Of Directors ◽  
Positive Influence ◽  
The Tempest ◽  
The Board Of Directors ◽  
The Right ◽  
The University

Herbert Beerbohm Tree (1853–1917) is remembered today as a great character actor, as a personality, and as a wit: but as a producer he is seldom considered an important or even a positive influence on the course of Shakespearean interpretation in the twentieth century. Focusing on Tree's 1904 production of The Tempest, Brian Pearce argues that Tree was in fact an original and inventive director. Contrasting the faint praise or contempt of theatre historians with the adoption of many of Tree's ideas in later literary criticism of The Tempest, Pearce also suggests that the acceptance of the right of contemporary experimental directors to act in effect as ‘scenic artists’ sits oddly with attitudes to Tree's work, in which he fulfilled precisely such a role. Brian Pearce completed his PhD at the University of London in 1992, and since returning to South Africa has worked as a theatre director. He is a member of the board of directors of the Durban Theatre Workshop Company, and also teaches drama at Technikon Natal.

National Council of Teachers of Mathematics: Vote

1973 ◽  
Vol 20 (2) ◽  
pp. 159
Keyword(s):  
Board Of Directors ◽  
The State ◽  
National Council ◽  
The Board Of Directors ◽  
President Elect

NCTM members are urged to vote for president-elect and members for the Board of Directors. The state of candidates is given below.

scholarly journals O Assédio Moral ao Idoso pelo Desrespeito ao Direito Personalíssimo de Envelhecer com Dignidade: Uma Afronta ao Princípio da Dignidade Humana

2017 ◽  
Vol 11 (3) ◽  
Author(s):  
Lucas Yuzo Abe Tanaka ◽  
Cleide Aparecida Gomes Rodrigues Fermentão
Keyword(s):  
Human Dignity ◽  
Theoretical Method ◽  
Scientific Work ◽  
The Elderly ◽  
The State ◽  
Personality Rights ◽  
Federal Constitution ◽  
Set Up ◽  
The Individual ◽  
The Right

O ASSÉDIO MORAL AO IDOSO PELO DESRESPEITO AO DIREITO PERSONALÍSSIMO DE ENVELHECER COM DIGNIDADE: UMA AFRONTA AO PRINCÍPIO DA DIGNIDADE HUMANA  THE MORAL HARASSMENT THE ELDERLY BY THE INFRINGEMENT PERSONALITY RIGHTS WITH DIGNITY: AN AFFRONT TO PRINCIPLE OF HUMAN DIGNITY   Lucas Yuzo Abe Tanaka*Cleide Aparecida Gomes Rodrigues Fermentão**  RESUMO: O princípio da Dignidade da Pessoa Humana é o que fundamenta a Constituição Federal de 1988, pelo que as demais normas e princípios devem retirar o seu fundamento.  Consagrou que é dever do Estado, da família e da sociedade em auxiliar os idosos para o seu pleno desenvolvimento de sua dignidade, garantindo-se assim o direito à vida e o respeito ao seu direito personalíssimo. O abandono ao idoso pela família, pelo Estado e pela sociedade, pode configura-se não apenas como um assédio moral, mas também um desrespeito ao Princípio da Dignidade Humana, e ainda ao seu direito personalíssimo de envelhecer. Assim, o presente trabalho sustenta a relevo do Estado, da sociedade e da família no papel de abrigar a dignidade da pessoa humana deste individuo. Para tanto, no trabalho cientifico, foi empregado o método teórico que versa na pesquisa de obras e artigos circulares específicos que tratam sobre o tema. Ademais analisa a situação dos idosos frente ao abandono, o assédio moral como uma violação à dignidade humana dos idosos. PALAVRAS-CHAVE: Assédio Moral. Envelhecer. Direitos da Personalidade. Dignidade Humana. ABSTRACT: The principle of Human Dignity is the foundation of the Federal Constitution of 1988, so, any other norms and principles should draw from its foundation. It established to the state, family and society the duty of helping the elderly to the full development of their dignity, thus guaranteeing the right to life and respect for their personal right. The abandonment of the elderly by his family, the state and society, is set up not only as moral harassment, but also a disregard for the principle of human dignity, and even to the personal right to grow old. Thus, this study supports the role of harboring the human dignity of the individual by the state, the society and the family. Therefore, in this scientific work, we used the theoretical method which deals in the works of research and specific circular articles that deal with the subject. Furthermore the situation of the elderly against abandonment and moral harassment is analyzed as a violation of human dignity of the elderly. KEYWORDS: Moral Harassment. Aging. Personality Rights. Human Dignity.  SUMÁRIO: Introdução. 1 Os Direitos da Personalidade. 2 Da Dignidade Humana. 3 A Tutela Jurídica dos Idosos. 4 O Envelhecimento e os Direitos da Personalidade. 5 O Assédio Moral ao Idoso causando Dor e Constrangimento, pelo Desrespeito ao Direito Personalíssimo de Envelhecer com Dignidade. Considerações Finais. Referências.* Mestrando em Ciências Jurídicas pelo Centro Universitário de Maringá (Unicesumar), Paraná. Professor do curso de Direito do Centro Universitário de Maringá (Unicesumar), Paraná.** Doutora em Direito pela Universidade Federal do Paraná (UFPR). Professora do Programa de Pós-Graduação em Direito do Centro Universitário de Maringá (Unicesumar), Paraná.

Sign in / Sign up

Export Citation Format

Share Document