scholarly journals Entrepreneurship and the Legal Form of Businesses: The Role of Differences in Beliefs

2016 ◽  
Vol 0 (0) ◽  
Author(s):  
Oscar Gutiérrez ◽  
Pedro Ortín-Ángel
Keyword(s):  
Theoretical Model ◽  
Property Rights ◽  
Financial Constraints ◽  
Basic Assumption ◽  
Legal Form ◽  
Legal Forms

AbstractEntrepreneurship has been considered a way to implement interpersonal authority, i. e., to convince other persons to use their resources in an alternative way to the optimal one in accordance with their beliefs. This paper presents a theoretical model that relates the above assumption with the following two questions: (i) how and why financial constraints can prevent the implementation of entrepreneurial projects; and (ii) how creditors’ priorities provided by the different legal forms of the business can reduce the financial requirements for implementing the firm. The attractiveness of such an explanation lies in its capacity to justify a wide array of features of firms (entrepreneur origin, property rights, authority, financial constraints and creditor priorities) from a single basic assumption: agents have different beliefs about how production should be organized.

scholarly journals Penerapan Good Governance pada Perusahaan Skala Kecil dan Menengah Non Go Public

2016 ◽  
Vol 1 (3) ◽  
pp. 236
Author(s):  
Jaswadi
Keyword(s):  
Corporate Governance ◽  
Knowledge Base ◽  
Good Governance ◽  
Governance Mechanism ◽  
Legal Form ◽  
Family Governance ◽  
Good Corporate Governance ◽  
Legal Forms ◽  
Set Up

<p>Abstrak: Tujuan penelitian ini adalah untuk melakukan investigasi dalam mengidentifikasi sebuah dasar pengetahuan (<em>knowledge base</em>) atas implementasi <em>good corporate governance</em> pada sektor UKM <em>non-go public</em>, dan mengidentifikasi aspek pengaturan yang perlu dimodifikasi atas implementasi <em>good corporate governance</em> pada sektor ini. Wawancara dilakukan kepada 10 informan pelaku UKM di wilayah Malang, Batu, Sidoarjo, Jember, dan, Madiun Propinsi Jawa Timur. Hasil penelitian menunjukkan bahwa dalam penerapan aspek <em>good governance</em> UKM dapat menyesuaikan dengan bentuk badan hukumnya, antara lain 3 (tiga) bentuk hukum badan usaha yakni perseroan, persekutuan, dan perseorangan. Dari aspek tersebut, mekanisme <em>monitoring</em> dan <em>family go</em><em>vernance</em> memerlukan perhatian lebih dari pengambil keputusan, investor, dan perbankan serta para pelaku UKM sendiri. Dalam rangka menerapkan mekanisme <em>monitoring</em> yang efektif, peran dewan komisaris dan direksi mengikuti aturan tentang perseroan. Sementara persekutuan perlu membakukan adanya dewan penasehat yang mungkin terdiri dari seluruh sekutu/<em>partners</em> dan mempekerjakan konsultan eksternal utama-nya terkait aspek akuntansi. Selanjutnya, pada perseorangan dengan <em>owner manager</em> perlu mengoptimalkan adanya konsultan untuk mendapatkan alternatif pilihan dalam pengambilan keputusan.</p><p><em>Abstract: <em>The purpose of this study is to investigate a knowledge base for the implementation of good corporate governance in SMEs sectorand identify a special governance provision that need to be addressed over the implementation of good corporate governance in the SME sector. Interviews were conducted on the 10 interviewees of owners and managers within SMEs in Malang, Batu, Sidoarjo, Jember, and Madiun East Java. The results show that the application of the governance aspects of SMEs may need to be adjusted regarding a difference legal forms of SMEs, among others, 3 (three) legal form of the business entity of the Corporation, Partnerships, and Sole Traders. Across these entities, monitoring and family governance mechanism requires more attention from decision makers, investors, and banks as well as SMEs themsel-ves. In order to implement an effective monitoring mechanism, the role of the Board of Commissioners and Board of Directors is in accordance the rules of the corporation. While partnership and sole traders need to set up an advisory board consisting of all partnerand to engage external consultants related accounting aspects. In addition, the sole traders with owner manager should engage external consultant to have a second opinion during decision making process.</em><br /></em></p>

scholarly journals MODERN LEGAL MEANS OF TRANSFER OF INTELLECTUAL PROPERTY RIGHTS

2021 ◽  
pp. 36-40
Author(s):  
T. I. Begovа
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Economic Activities ◽  
Legal Form ◽  
Intellectual Activity ◽  
Economic Relations ◽  
Joint Activities ◽  
Legal Forms

For the development of the national economy, an effective system of legal support of relations is formed, which is formed as a result of transformation of intellectual activity results into innovative products and innovations, introduction of intellectual property rights into economic turnover. Given the expansion and complexity of ways to commercialize intellectual property rights in connection with the acquisition of these rights of various qualities, it is important to study not only the statutory agreements on the disposal of intellectual property rights, but also to develop other legal forms that mediate acts of transfer objects of intellectual property in the field of management. The purpose of the article is to refine the scientific and theoretical provisions on the legal forms of transfer of intellectual property rights in the field of management. The ways of involving intellectual property rights in the economic turnover within the framework of corporate, contractual, mortgage legal relations are revealed. It is established that the specificity of these relations leaves its mark on the legal forms of transfer of intellectual property rights. It has been found that with the complication of economic relations, the spheres and ways of involving intellectual property rights in economic turnover are expanding. Thus specificity of mechanisms of realization of the specified ways of transfer of the rights causes necessity of working out of the legal form adequate to this specificity. It is proved that economic and legal regulation of transfer of intellectual property rights does not provide proper definition and differentiation of legal forms of transfer of intellectual property rights in the organization and implementation of economic activities, which should take into account the broad economic potential of these rights. The study substantiates the types of legal forms of transfer of intellectual property rights in the field of management in the case of these rights as: contribution to the formation of the authorized capital of the business organization, contribution to joint activities (simple partnership); use as a subject of pledge and subsequent alienation of the pledged property right as a result of foreclosure on it. On this basis, a conclusion was made about the expediency of improving the economic and legal regulation of relations in the field of transfer of intellectual property rights in terms of normative definition of types of legal forms of transfer of these rights.

scholarly journals The Role of Pricing in Taxation of Business Enterprises

2019 ◽  
pp. 40-53
Author(s):  
O. YURCHENKO ◽  
О. SVYRYDA
Keyword(s):  
Property Rights ◽  
Transfer Pricing ◽  
Market Price ◽  
Value Added ◽  
Tax Base ◽  
Legal Form ◽  
Transfer Prices ◽  
Business Enterprises ◽  
Economic Transaction

The problem of pricing is elaborated with respect to setting the tax base for calculating tax obligations (taxes and duties) assessed and paid by business enterprises by the general tax system. The role of the regular market price when calculating the tax base for national taxes (profit tax, value added tax, excise tax and tax on incomes of physical persons) is highlighted. It is shown that valuation of assets (property rights) is the process of estimating their cost on the date of valuation by the established procedure. The valuation can be performed by entities charged with valuation (legal entities, physical persons – entrepreneurs, state power bodies or local power bodies). Subject to valuation are assets (movable and immovable) and property rights (e. g. intellectual property rights, rights for use of nature resources etc.). The cases of obligatory expert valuation of assets are clarified in the course of the study; the valuation phases are substantiated in conformity to the national standards on valuation of assets and property rights. The notion of transfer pricing, occurring in time of transactions involving residents and non-residents that are subject to control by tax bodies in order to combat minimization of income tax, is defined. Economic transactions with a non-resident counterparty are identified as controlled ones by a payer of profit tax, when their result has no effect for a taxation object. An economic transaction will be identified as a controlled one, when it complies with two criteria set by the Tax Code of Ukraine: cost criterion (the volume of annual income and the volume of transactions with a counterparty) and status criterion (what is non-resident, whether or not it is related with a Ukrainian tax payer, where it is registered, what is its organizational and legal form, whether or not it pays profit tax and by what rate). The controlled transactions are subject to audit for the compliance of their prices with “arm’s length” principles, with the possibility of adjusting a transaction price for purposes of profit taxation in case of noncompliance.     International and national law establishes five main methods for price determination in the controlled transactions. The choice of method and texted party depends on the essence of transaction and the character of its parties’ interactions. The article gives a description of methods for calculating transfer prices used by tax bodies for auditing the correctness of estimated profit tax in the controlled transactions. The authors believe that the top one is the method of comparative non-controlled price, because it can be used when performing transactions on sales of goods with mass-scale demand, for which it is easier to find the data on analogous transactions of other companies on the commodity market and compare the conditions of such economic transactions.         

Legal Form of Joint-stock Companies and Corporate Performance in Russia

2007 ◽  
pp. 112-123
Author(s):  
I. Iwasaki
Keyword(s):  
Organizational Behavior ◽  
Organizational Form ◽  
Institutional Setting ◽  
Federal Law ◽  
Legal Form ◽  
Empirical Relations ◽  
Organizational Choice ◽  
Legal Forms ◽  
Joint Enterprise ◽  
Enterprise Survey

Basing on the results of a Russia-Japan joint enterprise survey conducted in 2005, the paper examines the legal-organizational form of joint-stock companies (JSCs) in Russia. The Federal Law on joint-stock companies stipulates that JSCs should be established in one of the two different legal forms, namely "open" or "closed" companies that provide a unique institutional setting for Russian firms from the viewpoint of their corporate governance. The paper deliberates the determinants of organizational choice between these two legal forms. Then it examines empirical relations between the legal forms of JSCs and their organizational behavior.

Transition Times in Memory

2018 ◽  
Author(s):  
Donatella della Porta ◽  
Massimiliano Andretta ◽  
Tiago Fernandes ◽  
Eduardo Romanos ◽  
Markos Vogiatzoglou
Keyword(s):  
Theoretical Model ◽  
Social Movement ◽  
Transition Period ◽  
Two Dimensions ◽  
Democratic Regime ◽  
Organizational Models ◽  
Different Types ◽  
Transition Times ◽  
Movement Participation

The second chapter covers the main characteristics of transition time in the four countries: Italy, Greece, Spain, and Portugal. After developing the theoretical model on paths of transition, with a focus on social movement participation, the chapter looks at social movements and protest events as turning points during transition, covering in particular the specific movement actors, their organizational models, and their repertoires of action and frames. The chapter focuses on two dimensions: the role of mobilization in the transition period, which implies the analysis of how elites and masses interact, ally, or fight with each other in the process, and the outcome of transitions as continuity versus rupture of the democratic regime vis-à-vis the old one. It concludes by elaborating some hypotheses on how different modes of transition may produce different types and uses of (transition) memories.

Turbulent Property Rights

2018 ◽  
Author(s):  
Hazel Gray
Keyword(s):  
Property Rights ◽  
Land Reform ◽  
High Growth ◽  
The State ◽  
The Political ◽  
Land Markets ◽  
Export Agriculture ◽  
Key Sectors ◽  
Political Settlement

This chapter explores the role of the political settlement in shaping outcomes of land investments by analysing struggles in key sectors of the economy. Land reform during the socialist period had far-reaching implications for the political settlement. Reforms to land rights under liberalization involved strengthening land markets; however, the state continued to play a significant role. Corruption within formal land management systems became prevalent during the period of high growth. Vietnam experienced a rapid growth in export agriculture but, in contrast with stable property rights for smallholders, Tanzania’s efforts to encourage large land investments were less successful. Industrialization in both countries generated new forms of land struggles that were influenced by the different distributions of power between the state, existing landowners, and investors.

Intellectual Property Rights and Access to Energy Services in Africa

2018 ◽  
Author(s):  
Professor Adebambo Adewopo ◽  
Dr Tobias Schonwetter ◽  
Helen Chuma-Okoro
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Energy Access ◽  
African Countries ◽  
Energy Services ◽  
Proper Role ◽  
The Law

This chapter examines the proper role of intellectual property rights (IPRs) in achieving access to modern energy services in Africa as part of a broader objective of a pro-development intellectual property agenda for African countries. It discusses the role of intellectual property rights, particularly patents, in consonance with pertinent development questions in Africa connected with the implementation of intellectual property standards, which do not wholly assume that innovation in Africa is dependent on strong intellectual property systems. The chapter examines how existing intellectual property legal landscapes in Africa enhance or impede access to modern energy, and how the law can be directed towards improved energy access in African countries. While suggesting that IPRs could serve an important role in achieving modern energy access, the chapter calls for circumspection in applying IP laws in order not to inhibit access to useful technologies for achieving access to modern energy services.

scholarly journals Challenging the State: Devolutionary Tenure Transitions for Saving and Expanding Forests

Human Ecology ◽  
2021 ◽  
Author(s):  
Liz Alden Wily
Keyword(s):  
Rural Communities ◽  
Property Rights ◽  
Protected Areas ◽  
Forest Cover ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Property Relations ◽  
The Will ◽  
Customary Land

AbstractI address a contentious element in forest property relations to illustrate the role of ownership in protecting and expanding of forest cover by examining the extent to which rural communities may legally own forests. The premise is that whilst state-owned protected areas have contributed enormously to forest survival, this has been insufficiently successful to justify the mass dispossession of customary land-owning communities this has entailed. Further, I argue that state co-option of community lands is unwarranted. Rural communities on all continents ably demonstrate the will and capacity to conserve forests – provided their customary ownership is legally recognized. I explore the property rights reforms now enabling this. The replication potential of community protected forestlands is great enough to deserve flagship status in global commitments to expand forest including in the upcoming new Convention on Biological Diversity (CBD).

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