scholarly journals STAKEHOLDER CONCEPT OF MANAGING A LEGAL ENTITY

2019 ◽  
pp. 129-136
Author(s):  
A. V. EFIMOV
Keyword(s):  
Corporate Governance ◽  
The United States ◽  
Legal Regulation ◽  
Legal Entity ◽  
Judicial Practice ◽  
Traditional Design ◽  
Global Trend ◽  
Corporate Social ◽  
Legal Entities

The paper discusses two main concepts of corporate governance (European and American), the separation of which is due to the different attitude to the consideration of the interests of persons interested in the activities of legal entities (stakeholders). Despite the persistence of conservative approaches to corporate governance in some states (for example, the United States), this paper reveals the global trend of development and dissemination of stakeholder (European) concept, which recognizes the need to take into account the interests of various stakeholders — employees, creditors, public legal entities, etc. The author describes the approaches of Russian scientists to the role of stakeholders in corporate governance and on the basis of developing legal regulation and emerging judicial practice, concludes that domestic corporate governance is becoming closer to the European concept. It seems that the study of a legal entity through the prism of the stakeholder concept fundamentally changes the traditional design of this legal entity and makes it possible to systematically solve problems related to corporate social responsibility of legal entities.

scholarly journals Tanggung Jawab Notaris Menggunakan Layanan Ditjen Ahu Online Dalam Hal Pendaftaran Akta Dan Pengesahan Badan Hukum

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 492
Author(s):  
I Gede Agus Yudi Suryawan ◽  
Dewa Nyoman Rai Asmara Putra
Keyword(s):  
Human Rights ◽  
Data Entry ◽  
Conceptual Approach ◽  
Legal Entity ◽  
Administration System ◽  
Directorate General ◽  
The Republic ◽  
Legal Administration ◽  
Legal Entities

In accordance with the Decree of the Minister of Justice and Human Rights Number M-05 HT.01.01 of 2002 concerning the Enforcement of the Legal Entity Administration System at the Directorate General of General Legal Administration of the Ministry of Justice and Human Rights of the Republic of Indonesia, determines that all legal entity settlements include the ratification of the deed of establishment PT, application for approval and submission of deed reports, amendments to articles of association, fiduciary registration, will registration, are carried out with the online Legal Entity Administration System. So the notary has the authority to register all these legal acts online. The purpose of this research is to find out the role of the Notary in registering deeds and legalization of legal entities through the Directorate General of AHU Online services and to find out the responsibilities of the Notary if there are problems in registering deeds and legal entity approval through the services of the Directorate General of AHU Online. This study uses a normative juridical research method using a statutory approach and a conceptual approach. The results of the research, namely, the role of the notary in registering deeds and ratifying legal entities is entering deed data, checking all deed data to avoid data entry errors and the notary has the responsibility if there is an error from the notary's office, the notary will make corrections at a cost of Notary, however in this regard there is still cooperation from the applicant regarding the required data.

scholarly journals Environmental protection as a factor of agricultural development in the Republic of Serbia

2020 ◽  
Vol 67 (4) ◽  
pp. 1367-1379
Author(s):  
Vladimir Šebek
Keyword(s):  
Environmental Impact ◽  
Environmental Protection ◽  
Agricultural Development ◽  
Legal Regulation ◽  
Economic Activities ◽  
Research Areas ◽  
Analysis Of Results ◽  
The Republic ◽  
Legal Entities

Public concern about the environmental impact of economic activities has significantly increased around the globe in recent years. Within the scope of unlawful acts, environmental delicts are among the most serious ones in terms of environmental impact, the consequences of which directly affect the quality and development of agriculture as the main branch of economic activity. The issue of environmental protection and liability can be approached from different perspectives, and the focus of the present research will be on the analysis of environmental delicts committed by legal entities, taking into consideration the importance and role of these entities in agriculture. In addition to general assumptions on legal regulation of the liability of legal entities, the authors also presented the results of research on legal entities reported, charged, and convicted for environmental delicts in the Republic of Serbia in the period from 2010 to 2017, with a special emphasis on the analysis of results obtained in the abovementioned research areas for the territory of AP Vojvodina.

scholarly journals The role of corporate governance in emerging market: Tax avoidance, corporate social responsibility disclosures, risk disclosures, and investment efficiency

2020 ◽  
Vol 9 (3) ◽  
pp. 8-26 ◽  
Author(s):  
Amrie Firmansyah ◽  
Gitty Ajeng Triastie
Keyword(s):  
Corporate Governance ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Emerging Market ◽  
Tax Avoidance ◽  
Investment Efficiency ◽  
Manufacturing Companies ◽  
Corporate Social ◽  
Risk Disclosures

This study aims to examine the effect of tax avoidance, corporate social responsibility disclosures, and risk disclosures on investment efficiency. This study also examines the role of corporate governance in the association between tax avoidance, corporate social responsibility disclosures, risk disclosures, and investment efficiency. This study uses multiple linear regression with panel data. The sample uses 43 manufacturing companies listed on the Indonesian Securities Exchange from 2014 up to 2017 so that the total sample in this study amounted to 172 firm-years. The result suggests that tax avoidance is negatively associated with investment efficiency. However, corporate social responsibility disclosures and risk disclosures do not affect investment efficiency. Furthermore, another result suggests that corporate governance failed to moderate the effect of tax avoidance on investment efficiency. Besides, corporate governance can weaken the negative influence of corporate social responsibility disclosures on investment efficiency as well as corporate governance drives the negative effect of risk disclosures on investment efficiency.

scholarly journals The History of the Development of the French Laws on Criminal Liability of Legal Entities

2018 ◽  
Vol 1 ◽  
pp. 46-56
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Mikhail V. Krichevtsev ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Economic Crime ◽  
Penal Code ◽  
Criminal Prosecution ◽  
History Of ◽  
The Law ◽  
Legal Entities

The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.

DIGITAL FINANCIAL TOOLS FOR SOCIALIZING PRIVATE LAW

2021 ◽  
pp. 208-224
Author(s):  
Julia S. Kharitonova ◽  
◽  
Larisa V. Sannikova ◽  
Keyword(s):  
Public Relations ◽  
The United States ◽  
Legal Regulation ◽  
Private Law ◽  
Property Relations ◽  
The World ◽  
The Law ◽  
Private Investors ◽  
The Way

Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.

Corporate-Led Environmental Governance: A Theoretical Model

2020 ◽  
Vol 53 (1) ◽  
pp. 97-122
Author(s):  
Yuhao Ba
Keyword(s):  
United States ◽  
Corporate Governance ◽  
Environmental Governance ◽  
The United States ◽  
Political Environment ◽  
Important Distinction ◽  
Environmental Leadership ◽  
Social Responsibilities ◽  
State Actors ◽  
Corporate Social

The growing reliance on non-state environmental governance (EG) coupled with the current U.S. political environment portends an increasing salience of governing efforts from non-state actors. Among non-state actors, corporations play a substantial role given their market and societal power, their corresponding social responsibilities, and their organizational and institutional adaptability in developing and performing EG solutions. This article proposes a corporate-led environmental governance (CLEG) model. An important distinction between previous iterations of corporate social responsibility (CSR) and corporate governance and the CLEG model proposed here is the active assertion of corporate environmental leadership as state leadership is subject to retrenchment in the United States.

scholarly journals Composition and Activity of the Board of Directors: Impact on ESG Performance in the Banking System

2018 ◽  
Vol 10 (12) ◽  
pp. 4699 ◽  
Author(s):  
Giuliana Birindelli ◽  
Stefano Dell’Atti ◽  
Antonia Iannuzzi ◽  
Marco Savioli
Keyword(s):  
Board Of Directors ◽  
Fixed Effects ◽  
Critical Mass ◽  
Banking System ◽  
The United States ◽  
Fixed Effects Panel Regression ◽  
The Board Of Directors ◽  
Corporate Social ◽  
The Impact

A growing body of research suggests that the composition of a firm’s board of directors can influence its environmental, social and governance (ESG) performance. In the banking industry, ESG performance has not yet been explored to discover how a critical mass of women on the board of directors affects performance. This paper seeks to fill this gap in the literature by testing the impact of a critical mass of female directors on ESG performance. Other board characteristics are accounted for: independence, size, frequency of meetings and Corporate Social Responsibility (CSR) sustainability committee. We use fixed effects panel regression models on a sample of 108 listed banks in Europe and the United States for the period 2011–2016. Our main empirical evidence shows that the relationship between women on the board of directors and a bank’s ESG performance is an inverted U-shape. Therefore, the critical mass theory for banks is not supported, confirming that only gender-balanced boards positively impact a bank’s performance for sustainability. There is a positive link between ESG performance and board size or the presence of a CSR sustainability committee, while it is negative with the share of independent directors. With this work, we stress the key role of corporate governance principles in banks’ ESG performance, with relevant implications for both banks and supervisory authorities.

scholarly journals CUSTOMS OFFICIALS’ ADMINISTRATIVE LIABILITY FOR THE VIOLATION OF THE PROCEDURE OF INFORMATION PROVISION: PROBLEMATIC ASPECTS OF LEGAL REGULATION

2020 ◽  
pp. 17-26
Author(s):  
Ilona Mishchenko
Keyword(s):  
Public Information ◽  
Information Provision ◽  
Legal Regulation ◽  
Legal Entity ◽  
Legal Provisions ◽  
The Law ◽  
Administrative Responsibility ◽  
Prompt Response ◽  
Legal Entities

The article considers the problematic issues of bringing to administrative responsibility Ukrainiancustoms officials for violation of customs subjects’ information rights. The consequences ofnon-fulfilment and/or improper fulfilment of the Customs Code of Ukraine on advising on thepractical application of certain provisions of customs legislation, as well as on the improperproviding of information on customs rules to interested persons are analyzed. The grounds andpossibilities of bringing to administrative responsibility for violation of the procedure of customsconsulting and informing by customs authorities are compared. The legal provisions on suchliability are compared, depending on whose right (individuals or legal entities) to informationhas been violated by customs officials. The procedural features of bringing customs officers tosuch responsibility are analyzed, including the factors that complicate or make it impossible tobring them to justice. The author concludes that it is actually impossible to bring customs officialsto administrative responsibility for failure to provide customs advice, if it is initiated by a legal entity. These legal relations do not belong to the scope of the Law of Ukraine “On Citizens’Appeals”. It is emphasized the possibility of applying administrative penalties to customs officialsonly for violation of provisions of the Law of Ukraine “On Access to Public Information” inthe context of informing about customs rules. Based on the analysis of statistics, a conclusionabout the inefficiency of the entities authorized to draw up protocols on administrative offensesunder Article 212-3 of the Code of Administrative Offenses of Ukraine is made. The reasons ofthe inefficiency are the small number of such entities compared to the number of offenses, lackof prompt response for notification of violations, complicated procedure for such response, etc.The author proves the invalidity of some provisions of the Customs Code on the responsibility ofcustoms officials and suggests ways to solve this problem.

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