Converting debt into equity in private limited companies in Thailand

2020 ◽  
Vol 63 (1) ◽  
pp. 97-123
Author(s):  
Adam Reekie
Keyword(s):  
Supreme Court ◽  
Design Methodology ◽  
Close Reading ◽  
Legal Capital ◽  
Content Type ◽  
The Past ◽  
Original Intention ◽  
Commercial Code ◽  
Historical Investigation ◽  
The Eu

Purpose The purpose of this paper is to critically examine the prohibition on debt-to-equity conversions for private limited companies in Thailand, resulting from an interpretation of Section 1119 of the Thai Civil and Commercial Code (TCCC) adopted by academics and the regulator. Design/methodology/approach This paper critically examines the interpretation of Section 1119 of the TCCC made by academics, the Thai Supreme Court and the regulator. Taking an approach, which draws on debate in the EU over the past two decades, this paper presents a new understanding of the rules relating to legal capital in Thailand. This new understanding is applied to challenge the orthodox interpretation of Section 1119. Findings The interpretation proposed by this paper is that debt-to-equity conversions may be permitted when viewed as shares issued in return for payment in kind. This proposed interpretation is consistent with existing Thai Supreme Court jurisprudence. In addition, a close reading of the provision, further supported by a historical investigation into the legislative drafting process, reveals that it reflects the original intention behind this provision. Originality/value This paper presents a view of Thai legal capital rules, which challenges the orthodox understanding of their nature, purpose and categorisation. Furthermore, the proposed interpretation of Section 1119 of the TCCC, if adopted by the regulator, would permit Thai private limited companies to engage in debt-to-equity swaps without further legislative intervention.

The “by right” defence in village green registration

2015 ◽  
Vol 7 (2) ◽  
pp. 96-110
Author(s):  
Natalie Pratt
Keyword(s):  
Supreme Court ◽  
Design Methodology ◽  
Current Problem ◽  
Property Law ◽  
Content Type ◽  
The Past ◽  
The Supreme Court ◽  
The Law ◽  
Conceptual Underpinning

Purpose – This paper aims to examine the recent jurisprudence of the Supreme Court concerning the registration of land as a town or village green (TVG). This area of law has proved contentious over the past decade and shows no sign of relenting. Most recently, in April 2014, the Supreme Court was asked to determine whether use that is pursuant to a statutory right could be qualifying use for the purposes of village green registration, which requires 20 years use “as of right”. Design/methodology/approach – The paper starts by summarising the law relating to the registration of land as a TVG and identifies the current problem that the courts are grappling with, namely the “by right” defence. After analysing the two leading authorities in relation to this point, the paper makes a judgment on the operation and conceptual underpinning of the “by right” defence. Findings – The paper concludes that the “by right” defence in the context of village green registration is a functioning concept that prevents the registration of land as a town and village green whenever the use relied upon is indulged in pursuant to a statutory right. Furthermore, the defence should also be construed with the pre-existing test for use “as of right” rather than being recognised as an additional limb to this test. Originality/value – The value of this paper is that it seeks to clarify an area of planning and property law that is fraught with conceptual uncertainty, and seeks to re-align the law of town and village greens with its prescriptive underpinnings.

Rethinking the role of the EU in enhancing European competitiveness

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Christian Ketels ◽  
Michael E. Porter
Keyword(s):  
European Union ◽  
Economic Performance ◽  
Design Methodology ◽  
The European Union ◽  
Content Type ◽  
The Past ◽  
The Many ◽  
European Economies ◽  
The Eu

Purpose This paper aims to review the evidence on Europe’s economic performance and on the role played by policies pursued at the European Union (EU) level, using the competitiveness framework as the conceptual lens. Design/methodology/approach Why has Europe not made more progress on upgrading its competitiveness over the past few decades, despite the many initiatives that the EU has launched? Findings It finds Europe’s sluggish performance to be driven by a failure to adjust the EU’s policy approach to fundamental changes in the competitiveness context and challenges faced by European economies. Originality/value Based on this analysis, the paper suggests a new role for the EU in supporting EU member countries and regions in achieving higher levels of competitiveness.

Artificial intelligence: scope, players, markets and geography

2019 ◽  
Vol 21 (3) ◽  
pp. 208-237 ◽  
Author(s):  
Jean Paul Simon
Keyword(s):  
Artificial Intelligence ◽  
Design Methodology ◽  
Scientific Literature ◽  
Comprehensive Overview ◽  
Content Type ◽  
The Past ◽  
Expert Opinions ◽  
Industrial Sectors ◽  
Desk Research ◽  
The Eu

Purpose This paper aims to clarify the notion of artificial intelligence (AI), reviewing the present scope of the phenomenon through its main applications. It aims at describing the various applications while assessing the markets, highlighting some of the leading industrial sectors in the field. Therefore, it identifies pioneering companies and the geographical distribution of AI companies. Design/methodology/approach The paper builds upon an in-depth investigation of public initiatives focusing mostly on the EU. It is based on desk research, a comprehensive review of the main grey and scientific literature in this field. Findings The paper notes that there is no real consensus on any definition for this umbrella term, that the definition does fluctuate over time but highlights some of the main changes and advances that took place over the past 60 years. It stresses that, in spite of the hype, on both the business and consumer sides, the demand appears uncertain. The scope of the announced disruptions is not easy to assess, technological innovation associated with AI may be modest or take some time to be fully deployed. However, some companies and regions are leading already in the field. Research limitations/implications The paper, based on desk research, does not consider any expert opinions. Besides, the scientific literature on the phenomenon is still scarce (but not the technical one in the specific research sectors of AI). Most of the data come from consultancies or government publications which may introduce some bias, although the paper gathered various, often conflicting viewpoints. Originality/value The paper gives a thorough review of the available literature (consultancies, governments) stressing the limitations of the available research on economic and social aspects. It aims at providing a comprehensive overview of the major trends in the field. It gives a global overview of companies and regions.

When the mobile app is free, the product is your personal data

2019 ◽  
Vol 21 (2) ◽  
pp. 89-101 ◽  
Author(s):  
Spyros E. Polykalas ◽  
George N. Prezerakos
Keyword(s):  
Significant Interaction ◽  
Design Methodology ◽  
Mobile Apps ◽  
Personal Data ◽  
Mobile App ◽  
Content Type ◽  
The Past ◽  
And Behavior ◽  
Google Play ◽  
The Eu

Purpose Mobile devices (smartphones, tables etc.) have become the de facto means of accessing the internet. While traditional Web browsing is still quite popular, significant interaction takes place via native mobile apps that can be downloaded either freely or at a cost. This has opened the door to a number of issues related to privacy protection since the smartphone stores and processes personal data. The purpose of this paper is to examine the extent of access to personal data, required by the most popular mobile apps available in Google Play store. In addition, it is examined whether the relevant procedure is in accordance with the provisions of the new EU Regulation. Design/methodology/approach The paper examines more than a thousand mobile apps, available from the Google Play store, with respect to the extent of the requests for access to personal data. In particular, for each available category in Google Play store, the most popular mobile apps have been examined both for free and paid apps. In addition, the permissions required by free and paid mobile apps are compared. Furthermore, a correlation analysis is carried out aiming to reveal any correlation between the extent of required access to personal data and the popularity and the rating of each mobile app. Findings The findings of this paper suggest that the majority of examined mobile apps require access to personal data to a high extent. In addition, it is found that free mobile apps request access to personal data in a higher extent compared to the relevant requests by paid apps, which indicates strongly that the business model of free mobile apps is based on personal data exploitation. The most popular types of access permissions are revealed for both free and paid apps. In addition, important questions are raised in relation to user awareness and behavior, data minimization and purpose limitation for free and paid mobile apps. Originality/value In this study, the process and the extent of access to personal data through mobile apps are analyzed. Although several studies analyzed relevant issues in the past, the originality of this research is mainly based on the following facts: first, this work took into account the recent Regulation of the EU in relation to personal data (GDPR); second, the authors analyzed a high number of the most popular mobile apps (more than a thousand); and third, the authors compare and analyze the different approaches followed between free and paid mobile apps.

FINRA’s disciplinary actions in 2017: increased restitution ordered with minimal changes in number of cases

2018 ◽  
Vol 19 (2) ◽  
pp. 19-23
Author(s):  
Brian Rubin ◽  
Adam Pollet
Keyword(s):  
Money Laundering ◽  
Design Methodology ◽  
Disciplinary Actions ◽  
Financial Industry ◽  
Electronic Communications ◽  
Content Type ◽  
The Past ◽  
Expert Analysis ◽  
Research Analysts ◽  
Practical Implications

Purpose The purpose of this paper is to analyze the Financial Industry Regulatory Authority’s (FINRA) 2017 disciplinary actions, the issues that resulted in the most significant fines and restitution and the emerging enforcement trends from 2017 and beyond. Design/methodology/approach The approach of this paper discusses the disciplinary actions in 2017 and prior years, details the top 2017 enforcement issues measured by total fines assessed, including anti-money laundering, trade reporting, electronic communications, books and records, research analysts and research reports, and explains current enforcement trends, including restitution, suitability cases and technological issues. Findings In 2017, restitution more than doubled from the prior year, resulting in the fourth highest total sanctions (fines combined with restitution and disgorgement) assessed by FINRA over the past 10 years. Practical implications Firms and their representatives should heed the trends in both the substantial restitution FINRA is ordering and the related enforcement issues in the cases FINRA has brought. Originality/value This paper provides expert analysis and guidance from experienced securities enforcement lawyers.

The evolution of the monitoring board in Japan: how the board performs monitoring function in Japanese corporate governance

2019 ◽  
Vol 19 (5) ◽  
pp. 999-1014
Author(s):  
Kohei Miyamoto
Keyword(s):  
Corporate Governance ◽  
Design Methodology ◽  
Stock Exchange ◽  
White Paper ◽  
Lifetime Employment ◽  
Content Type ◽  
Legal Reforms ◽  
Legal Evolution ◽  
Commercial Code ◽  
Governance Institutions

Purpose The purpose of this paper is to trace a legal evolution of the monitoring board and to reveal what brought the evolution and what is expected to emerge. The paper points to unique complementarities in Japanese corporate governance institutions and norms which will affect how the monitoring board performs its functions. Design/Methodology/Approach Analysis is based on texts on corporate governance legislations in Japan from the revision of Commercial Code in 1950 to the revision of Companies Act in 2014. Other sources include Tokyo Stock Exchange regulations, White Paper on Corporate Governance and other academic literatures on Japanese corporate governance. Findings Changes of non-legal institutions and norms in Japanese corporate governance necessitated legal reforms toward the monitoring board. Persisting institutions and norms, in particular lifetime employment, influences how the monitoring board performs its functions in Japan. Originality/Value This paper explains how the evolution of the monitoring board in Japan emerged and what will cause different expected functions of the monitoring board in Japan and other jurisdictions.

Haunted by the past: transformations and daily challenges of China's prosthetics

2020 ◽  
Vol 10 (1) ◽  
pp. 115-124
Author(s):  
Chunchun Wang
Keyword(s):  
Design Methodology ◽  
Cross Cultural ◽  
Future Research ◽  
Institutional Pressures ◽  
Rehabilitation Center ◽  
Content Type ◽  
The Past ◽  
Daily Experiences ◽  
History Of ◽  
Depth Interviews

PurposeThe purpose of this paper is to examine the transformations of prosthetic practices in China, as well as the daily experiences and dilemmas arising from the everchanging practices since 1949. On the basis of materials, this paper explores an everyday perspective to review the history of technology.Design/methodology/approachEthnography was collected with the application of participant observations, informal interviews and in-depth interviews during a 13-months study at a rehabilitation center in Chengdu, China. The literature on prosthetic manufacturing was also reviewed for this paper.FindingsChina's prosthetic technology seems to evolve from traditional to modern. However, this progressive narrative – innovation-based timeline (Edgerton, 2006, xi) – has been challenged by daily practices. Due to institutional pressures, prosthetists are in a dilemma of selectively using their knowledge to create one kind of device for all prosthesis users with a certain kind of disability, thereby regulating the physical and social experiences of prosthesis users. Besides, prosthesis users are accustomed to prostheses made with old techniques, and must correct themselves from old experiences to the daily practices recognized by the selected techniques.Originality/valueThis paper provides a cross-cultural case to reexamine Edgerton's criticism of the progressive and orderly innovation-centric technological narrative. More importantly, it reviews the history and practices of China's prosthetics from daily experiences rather than Edgerton's concentration on technology; therefore, it provides an everyday perspective for future research on technological transformations.

A benchmarking approach to the progress of green materials and systems’ use in the UAE construction industry

2016 ◽  
Vol 13 (4) ◽  
pp. 315-327 ◽  
Author(s):  
Aly Elgayar ◽  
Salwa Mamoun Beheiry ◽  
Alaa Jabbar ◽  
Hamad Al Ansari
Keyword(s):  
Construction Industry ◽  
United Arab Emirates ◽  
Design Methodology ◽  
Construction Materials ◽  
Relative Importance ◽  
Content Type ◽  
The Past ◽  
Green Materials ◽  
Importance Index ◽  
Regulatory Guidelines

Purpose Over the past decade, the United Arab Emirates (UAE) introduced several green regulatory guidelines, federal decrees, and a considerable number of environmentally friendly initiatives. Hence, the purpose of this paper is to investigate the top green materials and systems used currently in the UAE construction industry as per the new laws dictate as well as see if professionals are switching over to incorporate more green materials, systems, and/or designs. Design/methodology/approach The work involved reviewing internationally popular green materials and systems for construction, developing a questionnaire based on the literature review, surveying professionals in the seven UAE emirates, and ranking the findings based on the relative importance index. Findings Findings found the top used green materials and system in the UAE’s construction industry. As well as identified that there is a communication gap between the design and implementation phases that is possibly hindering the use of more green materials and systems. Originality/value This study sets a baseline to measure the UAE’s progress over the coming years in terms of integrating more green construction materials, systems, methodologies, and trends.

scholarly journals Autobiographical reflections part II: risk, tenacity and philosophies of research

2017 ◽  
Vol 9 (3) ◽  
pp. 210-216 ◽  
Author(s):  
Mark Tadajewski ◽  
Brian Jones
Keyword(s):  
Power Relations ◽  
Design Methodology ◽  
Hard Work ◽  
Close Reading ◽  
High Tolerance ◽  
Academic Practice ◽  
Content Type ◽  
Autobiographical Accounts ◽  
Thought Leadership

Purpose This paper reviews autobiographical accounts of thought leadership in the marketing discipline and draws out pertinent insights for senior, mid-career and junior academics alike. Design/methodology/approach This narrative is based on a close reading of the pertinent material. Findings To be a pioneer in marketing takes considerable hard work, tenacity, serendipity, and a high tolerance for risk. Originality/value This manuscript can be used by junior scholars to legitimize the challenges they pose to more established colleagues. It helps contribute to the reversal of extant power relations in academic practice.

Reading the past to imagine the future

2015 ◽  
Vol 10 (4) ◽  
pp. 363-366
Author(s):  
Silvia Gherardi
Keyword(s):  
Qualitative Research ◽  
Qualitative Methods ◽  
Design Methodology ◽  
Personal Reflection ◽  
Research Topics ◽  
Content Type ◽  
Distinctive Features ◽  
The Past ◽  
The Future

Purpose – The purpose of this paper is to contribute to the ten years of the journal through a personal reflection. Design/methodology/approach – A review of the articles published in the last ten years. Findings – I argue that what has distinguished QROM in these ten years are two distinctive features: reflexivity on practices of qualitative research, and openness to the application of qualitative methods to unusual research topics. Originality/value – The main limit of the paper resides in the subjectivity of the person who has read the articles. Other readers may have different opinions and may have chosen different criteria.

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