scholarly journals Sources of Property Formation of a Public Law Company

2020 ◽  
Vol 1 (12) ◽  
pp. 81-91
Author(s):  
Yu. A. Zaitseva

As part of the civil legislation reform, a public not-for-profit company is recognized as an independent form of non-profit organizations. Its intermediate position between a legal entity as a subject of private law and a public authority shows the existence of features in the methods of its property formation. In the article the author has analyzed the sources of formation of the property of the public not-for-profit company, investigated doctrinal approaches to understanding the essence of the sources of formation of the property of the organization under consideration. The peculiarities of property formation of public law companies operating in Russia have also been determined. According to the results of the analysis, the author has drawn the conclusion about a predominantly public nature of the property component of public not-for-profit companies, the main source of formation of which is the state property or funds received under statutory provisions. The author makes the interest of the founder in the property component of a public not-for-profit company conditional upon implementation of the state and public interests and public law functions imposed on it. On the basis of the study, the author has determined a conflict in the legislation regulating the investment of temporarily free funds of a public not-for-profit company as a revenue-producing activity and has made proposals to resolve it.

Author(s):  
Achraf Seyam, CPA ◽  
Barry Copper, CPA

The importance of internal control is clear. Effective internal control makes sure non-profit organizations to carried out their mission and objectives, such as proper use of funds and provide professional services to the public without any risk of fraud and mismanagement or breach of ethics. Through continuous monitoring of non-profit’s performance and activities, internal controls dispose of the behaviors of non-profit organizations with their objectives. Internal controls also engaged in good management and make sure to provide appropriate financial reporting by providing accurate and complete reports to the management in a timely manner and make sure the sources are correctly allocated. Internal control is also the tool to safeguard assets that make sure the organizations physical and intangible assets are protected from fraud, misused, and error. Internal control is not only able to deter and detect fraud and error but also is able to reduce the chance to risks.


Author(s):  
Julie McDonough Dolmaya

Because crowdsourced translation initiatives rely on volunteer labour to support both for-profit and not-for-profit activities, they lead to questions about how participants are remunerated, how the perception of translation is affected, and how minority languages are impacted. Using examples of crowdsourced translation initiatives at non-profit and for-profit organizations, this paper explores various ethical questions that apply to translation performed by people who are not necessarily trained as translators or financially remunerated for their work. It argues that the ethics of a crowd-sourced translation initiative depend not just on whether the initiative is part of a not-for profit or a for-profit effort, but also on how the project is organized and described to the public. While some initiatives do enhance the visibility of translation, showcase its value to society, and help minor languages become more visible online, others devalue the work involved in the translation process, which in turn lowers the occupational status of professional translators.


Author(s):  
Souvik Das

Abstract: The word ‘life’ is a mysterious word with a chart of attributes that have neither been completed nor has been agreed upon by the race of humans. Probably the proper definition of life is impossible to identify for humans (the proof for this claim is given later) but the handbook to the secret shall be updated till the end, thanks to the inquisitive attitude of humans. For this piece, we shall adopt the description from the professional medical community of today. Though this topic falls midway between science and philosophy, this project is strictly technical. To quote dictionary.com, Life is the condition that distinguishes organisms from inorganic objects and dead organisms, being manifested by growth through metabolism, reproduction and the power of adaptation to environment- through changes originating internally; cambridge.com teaches Life is the period between birth and death, or the experience or state of being alive; medicaldictionary.thefreedictionary.com states Life is the property or quality that distinguishes living organisms from dead organisms and inanimate matter, manifested in functions such as metabolism, growth, reproduction and response to stimuli or adaptation to the environment originating from within the organisms. There are several other definitions but to summarize, we can safely state that though the concept is somewhat vague, we could indeed point out some common principles. We shall, in this project, try to replicate the characteristics so as to attain life in medical terms. (The order does not base upon importance of the listed character since the characters, all of them are absolute essentials and cannot possibly be categorized as more or less important). 1) Metabolism 2) Growth 3) Adaptability 4) Birth 5) Death 6) Self-stimulated response to environment 7) Reproduction 8) Can sustain self without foreign intervention Keywords: artificial, life, intelligence, computer, programming, algorithm This research did not receive any specific grant from funding agencies in the public, commercial, or not-for-profit sectors.


Author(s):  
A.P. Ushakova ◽  

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.


Author(s):  
Angela Besana

After having discussed the contemporary importance of the not-for-profit and social economy, the chapter builds on a cluster analysis of performances and roles of grant-making foundations, who are the essential node of the cooperation and coopetitiveness, today. This chapter aims to present worldwide grant-making foundations for their performances and profiling according to the latest accounting data and mission reports, which collect results of their projects according to the classification of pure grant-making, networking, leadership, partnership and pooling. With this in mind, the chapter adopts a typical approach of cluster analysis of industrial organization. The cluster analysis emphasizes the profiling of the sample and it allows to separate groups with significant features. The main focus remains on the issues of the finance of the social economy, when the Public Welfare State is too much indebted. Complementary and substitute roles of the Private Welfare State can emerge for the support the not-for-profit economy.


2020 ◽  
pp. 376-390
Author(s):  
Amir Manzoor

Crowdfunding has been applied to equity investments as well as in a preproduction consumer purchase model. Crowdfunding is projected to become a $US90-96 billion industry by 2025, and is being touted as a valuable tool for fundraising for charitable non-profits. For leading non-profits around the globe a critical question is whether charitable crowdfunding is a threat or an opportunity for them. This chapter demonstrates that charitable crowdfunding represents a powerful new fundraising tool for leading, start-ups and not for profit organisations. This discussion contributes to the financial knowledge, specifically in the online crowdfunding and non-profit organisations and concludes that non-profit organisations through crowdfunding has the potential to expand the donor base.


Author(s):  
Anne Cohn Donnelly ◽  
Sara Lo

Paul Hamann was senior vice president of The Night Ministry, a Chicago-based not-for-profit organization. In October 2003 he received a phone call from the wife of the Reverend Tom Behrens, the founding president and the public face of the organization. She told Hamann that Behrens had suffered a massive stroke and that doctors were unsure of his prognosis. Behrens had been walking the streets of run-down Chicago neighborhoods since 1976, looking for people in despair, listening to their needs, and offering them a helping hand and a consoling presence. In the intervening twenty-seven years, he had built The Night Ministry into a well-known organization that helped thousands of adults and youth every year. No succession plan, if one existed, had ever been conveyed to senior management. Now Hamann was unsure when or even if Behrens would be able to work again. If Behrens returned to work, would he be able to continue to lead the organization? If not, who would lead The Night Ministry going forward, even if it were just for the near term, and who would make that decision? How would the community and major donors react to a new leader?Understand Founder's Syndrome and why it is unique to the nonprofit industry


2019 ◽  
Vol 78 (3) ◽  
pp. 545-569
Author(s):  
Tom Cornford

AbstractIn this article I address the question of whether the omissions principle – the principle that the common law does not impose liability for omissions – applies with the same force in negligence cases involving public authority defendants as in cases involving private defendants. My argument is that the answer depends upon the answer to a prior question: can a duty of care be based upon the public law powers and duties of a public authority? In making my argument, I refute the views both of those who insist that a claim in negligence against a public authority can be rejected purely because it relates to an omission not falling within one of the standard exceptions to the omissions principle and of those who insist that such a claim can succeed while at the same denying that a duty of care can be based on a public authority's public law powers and duties.


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