Providing a headquarters for business to a company from the same capital group and the status of an obligated institution

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Paulina Ledwoń
Keyword(s):  
Economic Activity ◽  
Design Methodology ◽  
Correct Interpretation ◽  
Functional Interpretation ◽  
Content Type ◽  
The Status ◽  
Registered Office ◽  
Financing Of Terrorism ◽  
A Company ◽  
Interpretation Problem

Purpose By implementing Directive (EU) 2015/849 of the European Parliament and of the Council of May 20, 2015, the Polish legislator decided to pass the Act of 1 March 2018 on counteracting money laundering and financing of terrorism (AML). In connection with it, many interpretative doubts have arisen. The purpose of this paper is to explain one of them, namely, to indicate whether the provision by a company of a registered office for economic activity to another company from the same capital group means that the company granting its headquarters has achieved the status of an obligated institution pursuant to Article 2 section 1 point 16 letter c) of AML. Design/methodology/approach This study is based on a grammatical, systemic and functional interpretation. It is enriched with national and supranational regulations, doctrinal considerations and current jurisprudence. Findings On the basis of the conducted analysis, the author concludes that providing a headquarters to another company from the same capital group may mean meeting the conditions of an obligated institution within the meaning of Article 2 section 1 point 16 letter c) of AML and obtaining by the company providing the registered office the status of an obliged entity. Originality/value This paper contributes to the clarification of the AML interpretation problem. Adopting a similar approach when analysing other obligated institutions may positively influence the consolidation of the correct interpretation path of AML regulations.

SEC releases additional no-action letters on “substantial implementation” of shareholder proxy access proposals

2016 ◽  
Vol 17 (3) ◽  
pp. 63-66 ◽  
Author(s):  
John Newell ◽  
An-Yen Hu ◽  
Bradley Weber
Keyword(s):  
Design Methodology ◽  
Content Type ◽  
Shareholder Proposals ◽  
The Status ◽  
A Company

Purpose To explain a series of no-action letters recently released by the SEC’s Division of Corporation Finance that help to clarify the circumstances in which a company may exclude shareholder proposals involving proxy access bylaw provisions from the company’s proxy statement. Design/methodology/approach Explains the background of competing proxy access bylaw provisions adopted or proposed by companies and proposed by shareholders, the “directly conflicts” test explained in SEC Staff Legal Bulletin 14H, and the “substantially implemented” guidelines implied in a series of no-action letters in February and March 2016. Explains the status of shareholder proxy access proposals as of Spring 2016. Findings Taken together with an earlier series of no-action letters released in February 2016 and Staff Legal Bulletin No. 14H, published in October 2015, companies considering the adoption of a proxy access bylaw provision now have a clearer understanding of when the Staff of the Division of Corporation Finance is likely to conclude that a company may appropriately exclude a proxy access shareholder proposal in favor of a proxy access provision adopted or proposed by a company.

Perpetual succession limits the scope of an individual

2016 ◽  
Vol 58 (3) ◽  
pp. 281-298
Author(s):  
Sarthak Pattnaik
Keyword(s):  
Case Studies ◽  
Design Methodology ◽  
Related Case ◽  
Content Type ◽  
The Status ◽  
The Relationship ◽  
A Company

Purpose This paper aims to clarify the relationship between perpetual succession and individual perpetual succession is the continuation of a company’s or other association’s presence in spite of the demise, liquidation, insanity, change in enrollment or a way out from the matter of any proprietor or part, or any exchange of stock. Design/methodology/approach The paper opted for a study using the related case studies. Moreover, this paper has all the necessary examples that are required for perpetual succession. Findings The paper provides that any adjustment in participation of a company does not affect the status of the company, death, insolvency, insanity and so forth of any member from a company does not influence the progression of the company. Thus, the life of the company does not rely on the life of its member directors. It may proceed forever, independent of continuity of its members or directors except in case of winding up or liquidation of a company. Originality/value This paper is to study how perpetual succession limits the scope of an individual.

Power imbalance issues in athlete sponsorship versus endorsement in the context of a scandal

2014 ◽  
Vol 48 (5/6) ◽  
pp. 1070-1091 ◽  
Author(s):  
François Anthony Carrillat ◽  
Alain d’Astous
Keyword(s):  
Experimental Design ◽  
Design Methodology ◽  
Negative Impact ◽  
Balance Of Power ◽  
Brand Attitude ◽  
Power Imbalance ◽  
Content Type ◽  
Probabilistic Sample ◽  
A Company

Purpose – The purpose of this study is to contrast athlete endorsement vs athlete sponsorship from a power imbalance perspective when a scandal strikes the athlete. Design/methodology/approach – A first study was conducted with a probabilistic sample of 252 adult consumers where the type of brand–athlete relationship (endorsement or sponsorship) and the level of congruence between the two entities (low or high) were manipulated in a mixed experimental design. A second study with a probabilistic sample of 118 adult consumers was conducted to demonstrate that consumers perceive that the balance of power between the brand and the athlete is not the same in endorsement and sponsorship situations. Findings – The results of the first study showed that when an athlete is in the midst of a scandal, the negative impact on the associated brand is stronger in the case of an endorsement than in the case of a sponsorship. However, this occurs only when the brand–athlete relationship is congruent. The results of the second study showed that the athlete’s power relative to the brand is greater in an endorsement than in a sponsorship context. Research limitations/implications – The findings suggest that a company that worries about the possibility that the athlete with whom it wants to build a relationship be eventually associated with some negative event (e.g. a scandal) should consider sponsorship rather than endorsement as a strategy. Originality/value – This study is the first to compare the athlete endorsement and sponsorship strategies in general and the first to put forward the notion of power imbalance in brand–athlete partnerships, its impact on how the two entities are represented in consumers’ memory networks and the consequences on brand attitude when the athlete is associated with a negative event.

What demographics matter for organisational culture, commitment and identification?

2020 ◽  
Vol 28 (1) ◽  
pp. 274-290
Author(s):  
Natalia Volkova ◽  
Vera Chiker
Keyword(s):  
Design Methodology ◽  
Organisational Culture ◽  
Employee Perceptions ◽  
International Studies ◽  
Content Type ◽  
Specific Finding ◽  
Public Organisations ◽  
A Company ◽  
Practical Implications ◽  
Demographic Effects

Purpose The purpose of this study to establish what demographic characteristics (gender, generations and organisational tenure) play a role in employee perceptions of organisational culture, commitment and identification in Russian public organisations. Design/methodology/approach The data were collected electronically from 248 employees of two public organisations. Three questionnaires were used. Findings Organisational tenure plays a central role in the way how employees perceive organisational culture; tenure also shapes the levels of both commitment and identification. The specific finding of Russian settings is that the longer employees work for a company, the lower the levels of psychological attachments they demonstrate, while it is not the case for some existing international results. The other findings correspond with those in international studies, in which women were more psychologically attached to the organisation and showed a higher level of identification and lower rates of negative forms of this concept than men did. The older the employees are, the higher the level of identification they express. Practical implications Managers working in Russian settings can struggle with engaging and retaining employees. Understanding the demographic effects can help alleviate these challenges. Originality/value Based on empirical findings, this paper contributes to the literature on organisational socialisation by providing evidence of the damaging effects of the length of organisational tenure on psychological attachment to the company (in the form of commitment and identification). Additionally, tenure is the shaping factor of employee perception of organisational culture.

SFC reminding sponsors of the need to adopt an attitude of “professional scepticism”

2017 ◽  
Vol 18 (3) ◽  
pp. 82-84
Author(s):  
Gareth Hughes ◽  
James Comber
Keyword(s):  
Hong Kong ◽  
Design Methodology ◽  
Regulatory Regime ◽  
Group Company ◽  
Content Type ◽  
Professional Skepticism ◽  
Company Limited ◽  
A Company ◽  
Practical Implications ◽  
Do So

Purpose To remind sponsors to adopt an attitude of “professional skepticism” in Hong Kong IPOs. Design/methodology/approach Explains the Securities and Futures Commission (“SFC”)'s sanction on BOCOM International (Asia) Limited (“BIAL”) as a sign of determination to hold sponsors to account as gatekeepers to the Hong Kong capital markets. Findings The SFC has reprimanded and fined BIAL HK$15 million for failing to discharge its duties as a sole sponsor in a listing application for China Huinong Capital Group Company Limited (“China Huinong”), a company established in the PRC. This substantial fine reinforces the need for sponsors to ensure that they fully and properly discharge all of their duties, and that they will be held responsible for any failure to do so, even if the listing is not ultimately approved. Practical implications If sponsors fail to fulfil the requirements required under the sponsors’ regulatory regime, the SFC will be proactive and impose tough sanctions, even if the listing application is eventually withdrawn or returned by the SEHK. Originality/value Practical guidance from experienced regulatory, financial and commercial dispute resolution lawyers.

Marketing and delivering information literacy on the web, yesterday and today, from 2009 to 2012

2014 ◽  
Vol 31 (4) ◽  
pp. 10-13 ◽  
Author(s):  
Sharon Q. Yang
Keyword(s):  
Information Literacy ◽  
Web Sites ◽  
Academic Libraries ◽  
Design Methodology ◽  
Status Quo ◽  
Content Type ◽  
The Status ◽  
Practical Implications ◽  
The Web ◽  
Made In

Purpose – This study aims to ascertain the trends and changes of how academic libraries market and deliver information literacy (IL) on the web. Design/methodology/approach – The author compares the findings from two separate studies that scanned the Web sites for IL-related activities in 2009 and 2012, respectively. Findings – Academic libraries intensified their efforts to promote and deliver IL on the web between 2009 and 2012. There was a significant increase in IL-related activities on the web in the three-year period. Practical implications – The findings describe the status quo and changes in IL-related activities on the libraries’ Web sites. This information may help librarians to know what they have been doing and if there is space for improvement. Originality/value – This is the only study that spans three years in measuring the progress librarians made in marketing and delivering IL on the Web.

SEC permits all issuers to submit confidential draft registration statements

2017 ◽  
Vol 18 (4) ◽  
pp. 16-21
Author(s):  
Andrew Brady ◽  
Brian Breheny ◽  
Michelle Gasaway ◽  
Stacy Kanter ◽  
Michael Zeidel ◽  
...  
Keyword(s):  
Corporate Finance ◽  
Design Methodology ◽  
Review Process ◽  
Going Public ◽  
Content Type ◽  
Submission Process ◽  
The Us ◽  
Practical Guidance ◽  
Jobs Act ◽  
A Company

Purpose To explain the US Securities and Exchange Commission’s (SEC’s) June 29, 2017 announcement (as updated August 17, 2017) that the staff of its Division of Corporation Finance will accept draft registration statement submissions from all companies for nonpublic review, thereby expanding a popular benefit previously available only to emerging growth companies (ECGs) under the JOBS Act and, in limited circumstances, to certain foreign private issuers under historical Staff practices. Design/methodology/approach Explains the rationale and limitations of the new policy, the existing confidential submission process, the expanded class of issuers and transactions that now qualifies for the nonpublic review process, and content and staff processing details. Findings Recognizing that the confidential submission process for EGCs proved highly popular and quickly became standard practice for eligible companies seeking to conduct an IPO, the SEC has made the nonpublic review process available to an expanded class of issuers and transactions. The expanded confidential submission process for IPOs addresses some of the typical concerns associated with engaging in the IPO process by giving a company more time and flexibility to determine whether it actually will be able to achieve the benefits of going public before it incurs the burdens and expenses of doing so. Originality/value Practical guidance from experienced securities and corporate finance lawyers.

Framing the development and directions of business sustainability efforts

2016 ◽  
Vol 16 (4) ◽  
pp. 709-725 ◽  
Author(s):  
Nils M. Høgevold ◽  
Göran Svensson
Keyword(s):  
Qualitative Study ◽  
Design Methodology ◽  
Business Networks ◽  
Convenience Sample ◽  
Content Type ◽  
Business Sustainability ◽  
The Status ◽  
Practical Implications ◽  
Over Time

Purpose The purpose of this paper is to frame the development and directions of business sustainability efforts. Design/methodology/approach A qualitative study was undertaken with respect to a convenience sample of reputable companies in Norway, which have implemented significant business sustainability efforts within their organisations, their business networks, the marketplace and in the society, beyond the level of mere compliance. Findings Different directions are associated with the development of corporate efforts in connection with business sustainability. Business sustainability efforts are not static, but dynamic and based upon continuous flexibility to changes and adaptations over time. Research Limitations/implications The current study highlights the need for further research into the development and directions of corporate efforts in connection with business sustainability in the marketplace and society. A key suggestion for further research is to further explore the existence of other directions. Practical Implications The directions reported, provide a framework to assess the development or the status of companies’ business sustainability efforts in the marketplace and society. Corporate efforts in connection with business sustainability develop over time as experiences are gained and personal impressions move the identified directions forward. Originality/value This study contributes to seven interconnected directions of corporate efforts in connection with business sustainability that are both relevant and potentially fruitful to both scholars and practitioners.

Are jacks-of-all-trades successful entrepreneurs? Revisiting Lazear's theory of entrepreneurship

2020 ◽  
Vol 15 (3) ◽  
pp. 411-430
Author(s):  
Agnieszka Kurczewska ◽  
Michał Mackiewicz
Keyword(s):  
Design Methodology ◽  
Success Factors ◽  
Negative Influence ◽  
The Body ◽  
Entrepreneurial Success ◽  
Content Type ◽  
Logit Regression ◽  
Managerial Experience ◽  
A Company

PurposeThe purpose of this paper is to identify human capital factors that pertain both to setting up and successfully running a business. To achieve this objective, the authors apply and extend the theory of career choice offered by Lazear (2005) that explains individual selection into entrepreneurship.Design/methodology/approachThe authors hypothesise that individuals with broader educational and professional backgrounds are more likely to start a business and are more likely to run a business in the long term. The authors tested the hypotheses using unique data from 800 current entrepreneurs, 800 employees who were previously entrepreneurs and 842 employees with no entrepreneurial experience, by means of a logit regression with robust standard errors and extensive robustness checks.FindingsThe authors empirically show that individuals with more diverse educational and professional backgrounds tend to have both greater chances of starting a company, as well as a higher probability of entrepreneurial success. Surprisingly, having managerial experience proved to exert a negative influence on the likelihood of starting a business while having an insignificant impact on the odds of entrepreneurial success.Research limitations/implicationsThe findings are informative for those planning or pursuing an entrepreneurial career, but they are also relevant for the purpose of entrepreneurship education.Originality/valueThe author's extend the body of research supporting Lazear's (2005) theory by showing that broad education and professional experience not only contribute to a higher propensity to start a company but they are also success factors in business per se.

Emotional stakeholders as “crisis communicators” in social media

2016 ◽  
Vol 21 (3) ◽  
pp. 289-308 ◽  
Author(s):  
Britt Foget Johansen ◽  
Winni Johansen ◽  
Nina M. Weckesser
Keyword(s):  
Social Media ◽  
Design Methodology ◽  
Content Type ◽  
Customer Complaints ◽  
Response Strategies ◽  
Telephone Companies ◽  
Communication Processes ◽  
Organizational Crises ◽  
The Many ◽  
A Company

Purpose – The purpose of this paper is to examine the Telenor customer complaints crisis triggered on the company Facebook site in August 2012. More specifically, the paper focusses on how friends and enemies of a company interact, and how faith-holders serve as crisis communicators in a rhetorical sub-arena that opens up on Facebook. Design/methodology/approach – The study is based on a textual analysis of 4,368 posts from the Telenor Facebook site, and an interview with the senior digital manager of Telenor. Findings – Not only current and previous customers but also those from rival telephone companies were active in the Facebook sub-arena. The customers complaining about the company services were met not only with the response of Telenor, but also with counter-attacks from faith-holders acting in defense of Telenor. However, these faith-holders were using defensive response strategies, while Telenor used accommodative strategies. Research limitations/implications – Organizational crises need to be seen as a complex set of communication processes, including the many voices that start communicating from different positions, and taking into account not only the response strategies of the organization but also the response strategies applied by supportive emotional stakeholders. In practice, faith-holders need to be monitored, as they may prove useful as “crisis communicators.” Originality/value – The paper provides insights into an under-investigated area of crisis communication: the strategies of faith-holders acting as “crisis communicators” defending a company and themselves against attacks from negative voices on social media.

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