scholarly journals Public Company as a Subject of Financial Law

2020 ◽  
Vol 15 (11) ◽  
pp. 133-139
Author(s):  
N. I. Zemlyanskaya

The paper substantiates the need to consider public companies as a subject of financial law. This is due to the peculiarities of these non-profit organizations’ legal status and their implementation of the corresponding financial and legal statuses. The author gives particular attention to certain aspects of the financial activities of the public law company "Fund for the Protection of the Rights of Citizens — Participants in Shared Construction". The author notes that, as a subject of financial law, a public law company should be characterized by its participation in various types of financial legal relations: budgetary, tax, etc. For this, it is endowed with a special legal personality, which is expressed in the granting of appropriate powers (rights and obligations necessary for the implementation of its tasks and functions), enshrined in the regulatory legal acts regulating its activities. Based on the generally accepted thesis about the economic (monetary) nature of financial legal relations, it can be argued that most financial legal relations with the participation of a public law company are associated with its property. The study made it possible to consider a public law company as a subject of financial law, which implements the corresponding financial and legal statuses in financial legal relations: a non-participant in the budget process, a taxpayer, a tax agent, etc.

2021 ◽  
Vol 3 (11(75)) ◽  
pp. 42-49
Author(s):  
M. Safonov

The article outlines the general problems arising in the system of the Russian legislation associated with the contradiction between the legal forms set forth in the Civil Code and the forms of legal entities that were actually formed in public law. As a specific example, it was impossible to inscribe those entities which had special legal status (Central Bank of the Russian Federation, the Pension Fund of Russia, Vnesheconombank of the USSR, Bank for Foreign Trade of the RSFSR) in the proposed by Civil Code classification. The emergence of the legal form of a public corporation is seen in the article as an attempt to remove the existing contradictions in legislation.


2020 ◽  
Vol 3 (7) ◽  
pp. 98-102
Author(s):  
M. V. DUBROVA ◽  
◽  
N. N. ZHILINA ◽  

The relevance of the article is determined by the fact that in Russia there is no effective mechanism of state support for the activities of non-profit organizations in the field of “green Finance”. The role of non-profit organizations is leveled, which can become a serious help in solving economic problems, in particular, the problems of recycling and processing of secondary raw materials, the placement of industrial waste and household garbage, and landscaping of large megacities. The main financial burden in the field of “green economy” falls on States and large enterprises. Meanwhile, we cannot ignore the important role of non-profit organizations that can not only draw attention to environmental problems to the public, but also offer their own measures to solve environmental problems. In this regard, it becomes relevant to consider the participation of non-profit organizations in the implementation of environmental projects by attracting “green Finance”.


Energies ◽  
2021 ◽  
Vol 14 (21) ◽  
pp. 7113
Author(s):  
Wojciech Czakon ◽  
Karolina Mucha-Kuś ◽  
Maciej Sołtysik

Simultaneous collaboration and competition, or coopetition, has so far been studied among firms or non-profit organizations, leaving the public arena largely unexplored. This study focuses on identifying and measuring common benefit generation by local government actors in coopetition. We purposefully choose a metropolis composed of 41 municipalities setting to identify and measure those effects of coopetition that cannot be achieved by individual actors alone. We use real data and tariffs to run simulations that identify common and individual benefits generated in gas and electricity distribution. We find that savings can be achieved by mutualizing energy procurement, even though the distribution of savings is not equal among municipalities. We substantiate that energy communities can act as coopetitive platforms to optimize energy costs of municipalities.


Author(s):  
Adella Adiningtyas ◽  
Aida Vitayala S Hubeis ◽  
Dwi Retno Hapsari

Non-profit organizations engaged in environmental issues has been increasingly recognized by many people. The success of non-profit organizations that pursued by increasing the positive image obtained from media relations. This study aimed to analyze the strategy of Public Relations (PR) WWF-Indonesia in improving the image of the organization. This study was conducted with a quantitative approach and qualitative approach. The method used is survay on two student organizations Bogor Agricultural University who worked with WWF-Indonesia, they are from Fisheries Diving Club (FDC) and the Association of Student Interest in Sciences of Communication and Community Development (HIMASIERA). Data analysis included Spearman Rank test and Chi Square used to look at the relationship between PR strategy with the image of a non-profit organization. The results of the study, namely: 1) there is a relationship between individual characteristics with the image of a company that is formed; 2) there is a relationship between the public relation activities undertaken by the company's image.Keywords: environmental issue, media relation, student organizations ------------------------------------------------------------------------------------------ABSTRAKOrganisasi nirlaba yang bergerak di isu-isu lingkungan telah semakin diakui oleh banyak orang. Keberhasilan organisasi nirlaba yang dikejar dengan meningkatkan citra positif yang diperoleh dari hubungan media. Penelitian ini bertujuan untuk menganalisis strategi hubungan masyarakat WWF-Indonesia dalam meningkatkan citra organisasi. Penelitian ini dilakukan dengan pendekatan kuantitatif dan pendekatan kualitatif. Metode yang digunakan adalah survai pada dua organisasi mahasiswa Institut Pertanian Bogor yang bekerja dengan WWF-Indonesia yang berasal dari Fisheries Diving Club (FDC) dan Asosiasi Mahasiswa Peminat Ilmu Komunikasi dan Pengembangan Masyarakat (HIMASIERA). Analisis data termasuk uji Rank Spearman dan Chi Square, digunakan untuk melihat hubungan antara strategi PR dengan citra sebuah organisasi nirlaba. Hasil studi, yaitu: 1) terdapat hubungan antara karakteristik individu dengan citra perusahaan yang terbentuk; 2) ada hubungan antara kegiatan hubungan masyarakat yang dilakukan oleh citra perusahaan.Kata kunci: isu lingkungan, hubungan media, organisasi mahasiswa


2009 ◽  
Vol 71 (3) ◽  
Author(s):  
Donna M. Nagy

The U.S. Supreme Court recently heard oral arguments in Free Enterprise Fund v. Public Company Accounting Oversight Board, described as “the most important separation-of-powers case regarding the President’s appointment and removal powers to reach the courts in the last 20 years.” Established by Congress as the cornerstone of the Sarbanes-Oxley Act of 2002 (“Sarbanes-Oxley” or the “Act”), the Public Company Accounting Oversight Board (the “PCAOB” or the “Board”) was structured as “a strong, independent board to oversee the conduct of the auditors of public companies.” Its principal mission was to prevent the type of auditing failures that contributed to the scandals at Enron, WorldCom, and numerous other public companies in the period leading up to the passage of the Act.


Author(s):  
Brian Cheffins

The publicly traded company has played a dominant role in the American economy for decades. The Public Company Transformed examines the history of the American public company from the mid-twentieth century through to the present day. The analysis is oriented around constraints that have affected the discretion available to public company executives, such as monitoring by the board of directors, activism by shareholders, complying with regulation, dealings with unions, and pressure from competitors. The chronological departure point is the managerial capitalism era, which prevailed in large American corporations following World War II. Managerial capitalism’s rise, its 1950s and 1960s heyday, and its fall in the 1970s and 1980s are canvassed. Prosperity that American public companies and their executives enjoyed during the 1990s is described, as is a reversal of fortunes in the 2000s precipitated by corporate scandals and the financial crisis of 2008. The Public Company Transformed concludes by offering conjectures on the future of the public corporation, indicating in so doing that predictions the public company will soon be an afterthought are likely to be proved incorrect.


2009 ◽  
Vol 3 (2) ◽  
pp. A15-A34 ◽  
Author(s):  
David L. Gilbertson ◽  
Terri L. Herron

SUMMARY: The Sarbanes-Oxley Act of 2002 created the Public Company Accounting Oversight Board (hereafter, PCAOB) to oversee audits of public companies. When violations of the Sarbanes-Oxley Act or PCAOB rules are found, the PCAOB may impose sanctions as severe as revoking a firm’s registration or barring a person from participating in audits of public companies. This paper describes the PCAOB enforcement actions issued through 2008. We examine characteristics of the disciplined firms, their PCAOB inspections, the related issuer clients, and the circumstances that resulted in the disciplinary proceedings. Consistent with prior research, we find that firms with issues rising to the level of disciplinary action generally have longer inspections and more audit deficiencies than firms with inspection deficiencies not resulting in sanctions. Disciplined firms also tend to have fewer partners, audit more SEC issuers, and have clients that are smaller and less financially sound.


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):  
Margarita Katunina ◽  
Nikita Semenov

The authors of the article define a non-commercial organization according to the Russian legislation. They focus their attention on goals and legal status of non-profit organizations. Forms of non-profit organizations are given. Also Russian legislative acts regulating non-profit organizations are given. The authors of the article study the Russian legislation on non-commercial organizations, analyze and summarize it.


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