scholarly journals Corporate Forms Facilitating Non-Profit Networking: Formalizing the Informal

2017 ◽  
Vol 10 (2) ◽  
pp. 192-224
Author(s):  
Lyra Jakulevičienė ◽  
Regina Valutytė
Keyword(s):  
Ad Hoc ◽  
National Level ◽  
Legal Form ◽  
Non Profit ◽  
Advantages And Disadvantages ◽  
Cross Border ◽  
Legal Structures ◽  
Legal Forms ◽  
Informal Cooperation

Abstract Cooperation and networking among a variety of organisations for the purpose of research, projects, and other activities ranges from ad hoc to long term organisational relationships, formalised or based on informal cooperation. Although informality is frequently much valued and drives organisations to partner on substance rather than bureaucracy, formalisation of networks and cooperation might be indispensible for effective partnerships and activities, as well as representation of mutual interests beyond the national level. How shall such networks be formalised at European and/or national levels so that they are flexible enough, involve minimum bureaucracy, and engage the maximum scope of possible activities? This article focuses on the analysis of possible legal structures facilitating the work of a group of entities and individuals engaged in cross-border activities. This study examines the potential of national legal opportunities in five countries: Belgium, Estonia, Lithuania, Poland and the Netherlands, and the proven legal form of EEIG in reducing the barriers for cooperation, as well as the advantages and disadvantages of these legal forms for a formalized network and the purposes it serves.

scholarly journals The Transnationalization of Labor Mobility: Development Trends and Selected Challenges Involved in Its Regulation

2017 ◽  
Vol 9 (2) ◽  
pp. 115
Author(s):  
Ludger Pries ◽  
Martina Maletzky
Keyword(s):  
Labor Mobility ◽  
Ideal Types ◽  
Non Profit ◽  
Labor Conditions ◽  
For Profit ◽  
Cross Border ◽  
Mass Migration ◽  
Different Types ◽  
Term Labor

Internationalization of value chains and of for-profit as well as non-profit organizations, and as a result of cheaper and safer mass migration, transnational labor mobility is of increasing importance. The article presents the development of the different types of cross-border labor mobility (from long-term labor migration over expatriats/inpatriats up to business traveling); it analyses crucial aspects of labor conditions and how the collective regulation of working, employment and participation conditions in general is affected: could local or national forms of labor regulation cope with these new conditions? What are the main challenges when it comes to collective bargaining and the monitoring of labor conditions? The article is based on a three year international and comparative research in Germany and Mexico. First, different ideal types of transnational labor mobility are distinguished that have emerged as a result of increasing cross-border labor mobility. Then potential sources of labor related social inequality and challenges in the regulation of the working, employment and participation conditions for transnational workers are discussed. Finally, some conclusions are drawn for further research.

Part I The Conceptual Framework, 2 Business and Legal Forms of Multinational Enterprise

2021 ◽  
Author(s):  
Muchlinski Peter T
Keyword(s):  
Multinational Enterprises ◽  
Multinational Enterprise ◽  
Regulatory Control ◽  
Business Organization ◽  
Business Organizations ◽  
Legal Form ◽  
Control Structures ◽  
Legal Structures ◽  
Legal Forms ◽  
The Relationship

This chapter discusses the relationship between the business organization and the legal form of multinational enterprises (MNEs). It seeks to answer a crucial question for MNE regulation: where does enterprise control reside, and do MNE legal forms adequately reflect the allocation of decision-making power in the firm? Legal forms may not coincide with the business organization of the firm. This can lead to a mismatch between the firm’s control structures and the legal structures through which the firm is regulated. The chapter then provides an overview of MNEs as business organizations, stressing the rise of new forms of organization based on advances in information technology (IT) and collaborative arrangements between firms. It also considers the main legal forms of the MNE, centred on contractual and equity-based structures, looking at the limitations of these traditional legal forms as regulatory devices. Finally, the chapter studies the interaction between business and legal forms and the issue of regulatory control.

European Legal Forms – Underlying Systematic and Principles

2020 ◽  
Vol 17 (5) ◽  
pp. 478-521
Author(s):  
Stefanie Jung
Keyword(s):  
National Level ◽  
Company Law ◽  
Legal Form ◽  
Continuous Growth ◽  
European Company ◽  
European Company Law ◽  
Societas Europaea ◽  
Level Problem ◽  
Legal Forms ◽  
Societas Privata Europaea

AbstractOver the last decades, European company law experienced a continuous growth in significance. Along with the European company law directives, European legal forms constitute the two pillars of European company law. In the course last 35 years, three European legal forms – namely the European Economic Interest Grouping (EEIG), the Societas Europaea (SE) and the Societas Cooperativa Europaea (SCE) – were introduced. In contrast, the introduction of four other legal form projects on the European plane (inter alia the Societas Privata Europaea (SPE)) failed. This paper will attempt to identify whether there are underlying principles and systematics to the functioning of these established and envisaged European legal forms. This approach shall contribute to the development of an overall concept for European legal forms. In this regard, the article examines the historical development of European legal forms and their significance for the practice of European company law. On this account, also these legal forms’ functions – in particular their effect on the competition between EU and national level – will be discussed. To complement these considerations, the paper studies the regulatory technique and the associated multi-level problem.

The Relationship between Taxation, Accounting and Legal Forms

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Thomas Kollruss
Keyword(s):  
Tax Avoidance ◽  
Multinational Companies ◽  
Tax Planning ◽  
Tax Burden ◽  
Legal Form ◽  
Tax Rate ◽  
Eu Member States ◽  
Cross Border ◽  
Legal Forms ◽  
The Relationship

Abstract Legal frameworks have an enormous influence on the concrete choice of legal form, especially in (multinational) groups of companies. For example, tax regulations and accounting standards directly influence the legal enterprise’s structure, including the shareholding structures. However, the tax burden must not be understood as a static or a fixed quantity determined in advance. This is because the design or choice of companies’ legal form can also be used as a tool to gain competitive advantages and optimise the tax burden or after-tax profit. Accordingly, the tax-optimising choice of legal form can be used as an instrument for tax planning and internal financing (reduction of tax payments and optimisation of the group tax rate). Therefore, for groups of companies and multinationals, the question that arises is how and within what limits can they make effective use of the cross-border tax rate differential, particularly through structuring their legal form. However, using cross-border tax advantages may be prevented by the controlled foreign corporation (CFC) taxation, called the Anti Tax Avoidance Directive (ATAD), which was introduced in all EU member states from 1 January 2019 onwards due to European law: Art. 7, 8 of Directive 2016/1164 to combat tax avoidance practices. In multinational companies, there is a tension between the tax-optimising choice of legal form, including the structuring of shareholdings, and CFC taxation. It is important to identify the CFC taxation requirements according to ATAD or the respective member state of residence and to avoid these requirements when structuring individual circumstances or investments. An important finding here is that the factual prerequisites for CFC taxation under ATAD are not aligned with the accounting rules, especially controlling interest and control participation. Finally, from an overall perspective, tax-optimised corporate groups’ structure or the legal architecture is not a static variable but an evolving system composed of tax-optimised sub-systems or subgroup structures. This connection between the choice of legal form, shareholding structure and the legal system, tax planning, and tax optimisation in multinational companies is analysed and evaluated based on the Austrian CFC taxation (Sec. 10a CITA) and the German CFC taxation (Sec. 7 FTTA). Furthermore, the implications for companies and society, and the legislator, are highlighted. The article also deals with the relationship between law and tax planning.

scholarly journals Factors of choice of the legal form of management of industrial park

2015 ◽  
Vol 3 (4) ◽  
pp. 334-341
Author(s):  
Андрей Плахин ◽  
Andrey Plakhin ◽  
Денис Миронов ◽  
Denis Mironov
Keyword(s):  
Comparative Analysis ◽  
Organizational Control ◽  
Industrial Park ◽  
Legal Form ◽  
Management Company ◽  
Advantages And Disadvantages ◽  
Control Scheme ◽  
The Future ◽  
Legal Forms

The paper presents the results of research of the factors that define the choice of organizational control scheme for industrial park. The analysis of the advantages and disadvantages of the options of the legal form of the management company of the industrial park in terms of the challenges that must be addressed in the future created by the management company is given. The authors compiled a comparative analysis of possible options for organizational and legal forms of management of the industrial park.

scholarly journals ANALISIS PENERAPAN PSAK NO. 45 (REVISI 2011) TENTANG PELAPORAN KEUANGAN ENTITAS NIRLABA PADA YAYASAN LEMBAGA KONSUMEN INDONESIA (YLKI)

2014 ◽  
Vol 8 (3) ◽  
Author(s):  
Regina Amalia Bumulo ◽  
Grace B. Mogi ◽  
Harijanto Sabijono
Keyword(s):  
Financial Statements ◽  
Cash Flows ◽  
Legal Form ◽  
Non Profit ◽  
The Public ◽  
Analysis And Evaluation ◽  
Financial Position ◽  
True State ◽  
Statement Of Cash Flows

Foundation is one form of a non-profit entity that aims to provide services to the public community without seeking advantage in carrying out its activities. The legal form of the foundation is often used as a shield to enrich the Founders, the Controllers, and the Directors. To minimize this, and in order to implement the principles of transparency and accountability to the public, the foundation should do the publication of its financial statements in accordance with the current SAK in Indonesia, the PSAK No. 45 (Revised 2011). The purpose of this study is to analyze the financial statements of the Indonesian Consumers Organization in accordance with PSAK No. 45 (Revised 2011). In this study, the author analyzed the data by collecting, interpreting, and analyzing it to produce conclusions about the true state, then compare it with PSAK No. 45 (Revised 2011). Based on the analysis and evaluation can be concluded that: (1) In the statement of financial position, there is no separation between current liabilities and long term liabilities. Also there is a mismatch use of the term "aktiva bersih" and "aset bersih" that should have been presented with the term "aset neto". (2) In the statement of activities, there is a mismatch use of the term "aktiva bersih" and "aset bersih" that should be presented with the term "aset neto". (3) In the statement of cash flows, there is still a mismatch use of the term "arus kas bersih" which is supposed to be served with the term "arus kas neto". (4) Notes to the financial statements are in accordance with PSAK No. 45 (Revised 2011).

scholarly journals Theoretical Principles of Choosing the Organizational and Legal Form of Management in Ukraine

2021 ◽  
Vol 25 (1) ◽  
pp. 79-85
Author(s):  
Ivan Kischak ◽  
◽  
Irina Khomutovska ◽  
Irina Savarina ◽  
◽  
...  
Keyword(s):  
Social Economic ◽  
Social Role ◽  
Legal Person ◽  
Socially Responsible ◽  
Legal Form ◽  
Economic Relations ◽  
Advantages And Disadvantages ◽  
History Of ◽  
Legal Forms

Annotation. Introduction. The article is devoted to the issues of historical conditionality of modern features and institutional barriers on the way to the development of entrepreneurship in Ukraine, its internal content and social role as innovative and socially responsible activity, the history of emergence and development of an enterprise as a social-economic phenomenon and types. Also, it describes the objects, organizational and legal forms of management in different branches of economy, classification of public-private partnership; axiological aspect of state property; description of the organizational and legal form of the legal entities; main advantages and disadvantages of organizational and legal forms of management in the current conditions of modernization and globalization of economic relations. The article deals with understanding of property as belonging to means and products to the corresponding physical and legal persons. The notion of property is outlined as a social, economic, and legal category. Purpose. The paper shows the owner’s position following some property rights where he possesses, uses, and disposes of his property that doesn’t contradict the current legislation. The value of the axiology in economic relations is outlined as positively significant in meeting the needs of participants in public life. Results. As the article concerns there are the most significant features that distinguish organizational and legal forms: some participants in the created business entity, characteristics of the property owner; sources of the property as a material basis of entrepreneurship; limits of property liability; the method of sharing profits and losses; the form of business entity management. Conclusions. Organizational legal form is considered as a form of legal person ( a subject of entrepreneurship) which characterizes the peculiarities of its creation, property status, peculiarities of the owners’ interaction, founders and participants, their duties and obligations in the legal entity. It is proved that the ownership can be private and state and the last can acts as a form of ownership that plays some role in the economy of Ukraine. This form of ownership can be implemented based on public-private partnerships. Keywords: property; organizational and legal form; axiology of enterprise’s value; social responsibility; activity; entrepreneurship.

scholarly journals Main and Economic Activity of Non‑Profit Organizations from the Point of Individual Legal Forms

2017 ◽  
Vol 65 (2) ◽  
pp. 429-440
Author(s):  
Marie Jakubcová ◽  
Klára Placier
Keyword(s):  
Economic Activity ◽  
Economic Activities ◽  
Legal Form ◽  
Non Profit ◽  
Exact Test ◽  
Benefit Corporation ◽  
Non Profit Organizations ◽  
Legal Forms ◽  
The Individual ◽  
Statistical Survey

The article focuses on data, gathered from non‑governmental non‑profit organizations (NGOs) seated on the territory of the Czech Republic. Data collected from NGOs defined also by their legal form (association, subsidiary association, public benefit corporation, church legal entity) helped to monitor the structure of main and economic activity of organizations. In the article, the mutual differences in the main and economic activity of NGOs are analysed. The link between legal form and selected categories of main activities according to the classification COPNI has been verified by the Fisher’s exact test with p‑values computed by Monte Carlo simulations using 2,000 replications. Furthermore, this test has been used to prove statistically significant dependency between the individual categories of main and economic activities. On the basis of a conclusive statistical survey at the level 5 %, the dependency between legal form of non‑governmental non‑profit organization and its main activity has been verified as well as the correlation between main and economic activities of associations.

scholarly journals Legal Entity Forms in Education: Law Harmonization Issues

CIVIL LAW ◽  
2021 ◽  
Vol 1 ◽  
pp. 40-43
Author(s):  
Irina F. Syubareva ◽  
Keyword(s):  
Education Law ◽  
Problem Solution ◽  
Educational Legislation ◽  
Legal Entity ◽  
Non Profit ◽  
Advantages And Disadvantages ◽  
Organization Problem ◽  
Legal Forms ◽  
Legal Entities

The article reviews the issues of harmonization of the educational and civil legislation norms in regards to organizational and legal forms of legal entities in the sphere of education, taking into consideration constitutional norms and guidance norms of the model legislation. It examines advantages and disadvantages of legal entities in the sphere of education in organizational and legal forms of the institution, the autonomous non-profit organization. Problem solution is proposed in the line of enhancement of the educational legislation in regards to assignment of organizational and legal forms of legal entities in the sphere of education.

scholarly journals THE ESSENCE OF INCOME AND PROFIT OF NON-PROFIT INSTITUTIONS AND APPROACHES TO THEIR DETERMINATION

2021 ◽  
Vol 26 (2(87)) ◽  
Author(s):  
Serhii Baranov
Keyword(s):  
Rapid Development ◽  
National Development ◽  
The State ◽  
Economic Life ◽  
Legal Form ◽  
Non Profit ◽  
Non Profit Organizations ◽  
Business Entities ◽  
Definition Of

The key characteristic of the XXI century is the rapid development of productive resources and information technologies. This feature results in the fast development of new and existing forms of entities and to the globalization of their activities. Non-profit organizations, regardless of organizational and legal form, are beginning to play a significant role in the socio-political and economic life of modern states. Such organizations promote the development of civil society and freedom of speech, and they can be a tool for achieving both the long-term and short-term goals of the state, or a group of people united on a certain basis. That is why the legal and tax regulation of non-profit organizations is an important factor in their development and serves as a tool to control the activities of non-profit institutions by the state. By regulation of the kinds of non-profit activity, the state may promote concepts of national development as, for example, an increase of life term through granting non-profit status to sports clubs and defined hospitals. Such an approach, in the long-term perspective, may result in economic growth through an increase of lifecycle of productive resources. As of today, one of the most discursive categories related to accounting and taxation of non-profit organizations is the concept of profit which appears as a result of excess revenue of the non-profit organization over expenses related to the execution of the statutory activity. In this article, the approaches to the definition of the concept of profit and income of a non-profit institution were analyzed through the analysis of existing approaches to its definition applied to classical business entities, also the definition of a profit of a non-profit organization was proposed. Additionally, possible sources of income of a non-profit institution in accordance with current legislation, and the peculiarities of payment of remuneration to employees of non-profit institutions were analyzed. Moreover, based on the normative requirements of the Ukrainian state authorities the general formula for calculation of the taxable income of non-profit organizations was designed.

Sign in / Sign up

Export Citation Format

Share Document