Exploring The Role of Law in The Governance of Cryptocurrency Systems and Why Limited Liability DAOs might be a Bad Idea

2022 ◽  
Author(s):  
Peder Østbye
Keyword(s):  
Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 21
Author(s):  
Viktor A. Mikryukov

The purpose of the study is to highlight the most significant legal gaps in the mechanism under study, find doctrinally relevant ways to overcome them casually in law enforcement, and propose options for generally filling the gaps in rulemaking. It is equally important to test the effectiveness of the analogy as a means to combat legal gaps. The methodological framework was formed by general (analysis, synthesis, abstraction, and concretization) and specific (comparative, formal, and technical legal) scientific research methods. The positive role of analogy as a method of combating legal uncertainty and the formation of legislative innovations was confirmed. The conclusion was made about the absence of a formal need for additional legislative authorization for Limited Liability Companies’ members to create a conditional or individualized withdrawal procedure. Backed by the legal analogy, the necessity to extend the freedom-of-contract doctrine in determining the fair value of a withdrawing shareholder’s share was argued. The achievements provided the basis for specific practical proposals to enhance existing Russian legislation and harmonize corporate relationships, which should improve Russia’s business climate.


2018 ◽  
Vol 68 ◽  
pp. 02006
Author(s):  
Dicky Sumarsono ◽  
Bani Sudardi ◽  
Warto Warto ◽  
Wakit Abdullah

The change in CSR is not only a matter of fulfilling the obligation of the Limited Liability Company Law, but also the issue of CSR that becomes a matter of justice and natural balance. The Word Commission on Environment requires every company in business activity to always consider the principles of sustainable development that rely on economic benefits (profit), environmental sustainability (planet) and social welfare (people). This study uses qualitative methods, with data collection methods through observation, interview, and documentation study. While the analysis used is descriptive qualitative analysis. According to research findings; the first is CSR programs in Azana Hotel Group includes; education, empowerment of the poor and save the environment. Second, from the implementation of CSR, Azana Hotel Management realized the important role of local communities in hotel operation towards the society, which in turn will bring huge profits to the company. Third, the implementation of environmental program in the form of greening on critical lands can actually educate and manage the employees, hotel guests, and society. So, it can increase the awareness of the importance of a sustainable natural environment. Fourth, ethically, the Azana Hotel Group CSR can regulate the behavior of people or groups of people in the company to be sustainable living. Ethics could be understood as moral principles and values that govern the behavior of people or groups related to what is right or wrong.


2019 ◽  
Vol 84 (1) ◽  
pp. 142-170 ◽  
Author(s):  
Adam Travis

Sociological accounts of urban disinvestment processes rarely assess how landlords’ variable investment strategies may be facilitated or constrained by the legal environment. Nor do they typically examine how such factors might, in turn, affect housing conditions for city dwellers. Over the past two decades, the advent and diffusion of the limited liability company (LLC) has reshaped the legal landscape of rental ownership. Increasingly, rental properties are owned by business organizations that limit investor liability, rather than by individual landlords who own property in their own names. An analysis of administrative records and survey data from Milwaukee, Wisconsin, demonstrates that signs of housing disinvestment increase when properties transition from individual to LLC ownership. This increase is not explained by selection on property characteristics or by divergent pre-transfer trends. Results affirm that real estate investors are responsive to changes in the legal environment and that the protective structure of the LLC facilitates housing disinvestment in Milwaukee. Elaborating the role of real estate investors can deepen accounts of neighborhood change processes and help explain variation in local housing conditions. Ultimately, public policies that enable business operators to circumscribe or reallocate risk may generate unintended costs for consumers and the public.


2016 ◽  
Vol 54 (6) ◽  
pp. 1522-1538 ◽  
Author(s):  
Willam Joseph Pirie

Purpose – The purpose of this paper is to identify the key determinants of organisational silence from the perspective of non-standard workers (NSWs). The study focuses on three research themes: first, analysing the experiences motivating NSWs to remain silent; second, analysing the role of the NSW life cycle in the motivation to remain silent, the final theme is evaluation of the impact on organisational voice of an organisation employing a workforce in which NSWs and standard workers (SWs) are blended. Design/methodology/approach – The study utilises a phenomenological approach, as defined by Van Manen (2007), to collect and analyse the phenomenon of organisational silence from the perspective of NSWs. The NSWs are defined as individuals operating via Limited Liability UK registered companies created for the purpose of delivering services to organisations via a contract of services. This study employed a combination of phenomenology and hermeneutics to collect and analyse the data collected from the NSWs using semi-structured interviews (Lindseth and Norberg, 2004). Findings – The study concludes with three core findings. NSWs experience similar motivational factors to silence as experienced by standard workers (SWs). The key differential between a SW and a NSW is the role of defensive silence as a dominant motivator for a start-up NSW. The study identified that the reasons for this is that new NSWs are defensive to protect their reputation for any future contract opportunities. In addition, organisations are utilising the low confidence of new start up NSWs to suppress the ability of NSWs to voice. The research indicates how experienced NSWs use the marketing stage of their life cycle to establish voice mechanisms. The study identified that NSWs, fulfiling management and supervisory roles for organisations, are supporting/creating climates of silence through their transfer of experiences as SWs prior to becoming NSWs. Research limitations/implications – This study is a pilot study, and the findings from this study will be carried forward into a larger scale study through engagement with further participants across a diverse range of sectors. This study has identified that there is a need for further studies on organisational silence and NSWs to analyse more fully the impact of silence on the individuals and the organisation itself. A qualitative phenomenological hermeneutical study is not intended to be extrapolated to provide broad trends. The focus of the phenomenological hermeneutic research methodology is on describing and analysing the richness and depth of the NSW’s experiences of silence in organisational settings. Originality/value – This paper draws together the studies of worker classification, motivators for organisational silence, and the impact of blending SWs and NSWs in an organisational setting. The study demonstrates that academic research to date has focused predominantly on SWs to the exclusion of the 1.5 million, and growing, NSWs in the UK. This study examines these under-represented workers to analyse the participants’ experiences of organisational silence, and its consequences in organisational settings, demonstrating a need for further studies.


2019 ◽  
Vol 3 (2) ◽  
pp. 65-78
Author(s):  
Sri Wahyuni ◽  
Samsu ◽  
Sururudin

This research was motivated by complaints from residents of Sekampil village who felt uncomfortable with the pollution of the river water they use for their daily life, which was allegedly due to the disposal of the company's factory waste into the river. On the other hand, the company wants to provide social responsibility or CSR grants. Public Relations is the company's bridge to communicate with the Sekampil community. The purpose of this study is to explain CSR and the role of public relations in this situation. The study found that the first implementation of corporate social responsibility at PT. Citra Sawit Harum has generally been implemented based on the applicable provisions, namely Law Number 40 of 2007 concerning Limited Liability Companies and Government Regulation Number 47 of 2012 concerning Social and Environmental Responsibility of Limited Liability Companies as the implementation regulations. However, in Sekampil there are still shortcomings in its implementation, namely the limited number of scholarships and community development. Although, overall, it has had a positive influence on the community around the company. In the future, the company must be more effective in carrying out social responsibility so that the community around the company does not feel disadvantaged by the existence of this limited liability company.


Author(s):  
Ioana Claudia Todirica ◽  
Anca Marina Dinu ◽  
Henriette Cristiana Calin

Traditional products market in Romania is starting to become competitive as a result of the adoption of new legislative framework (Order 724/2013), which requires new conditions regarding traditional foods definition and limitation of produced quantity. At the end of 2016, there were 556 registered traditional products nationwide as follows: 456 limited liability company, 64 individual, 14 family business, 17 individual, and 15 individual enterprise. Given that there is a limitation in terms of traditional foods production, we must consider the effects of land taxation over the entrepreneur's income in this field. The aim of this study is to identify an effective model of public-private partnership that could support the traditional producers, while taking into consideration the role of financial instruments in order to remove the barriers between the farmer and the government. One of these forms is the association or creating groups of manufacturers.


2012 ◽  
Vol 488-489 ◽  
pp. 1243-1247
Author(s):  
Guang Shu Gu

Pierce the corporate veil rules together with the company's independent personality constitutes a complete, rigorous corporate system. Pierce the corporate veil rules as part of a corporate system, and improve its position in the supplement, which is the balance between corporate interests of shareholders and creditors of the company's results. Pierce the corporate veil rules apply to particular legal relationship, it is by denying the company's independent personality behind the company investigated for abuse of corporate personality and limited liability of shareholders independent of the liability of shareholders. Make up the deficiencies inherent in the corporate system to protect the legitimate interests of creditors of the company. Pierce the corporate veil in order to achieve the value of the rules of fairness and justice, our country should be based on the theory from abroad. With China's judicial practice, judicial interpretation and give full play to the role of a typical case, a reasonable allocation of the burden of proof. Prudential rules applicable to pierce the corporate veil and do advance prevention. Try to avoid piercing the corporate veil applies the rules to further improve the new company law in China under the rule of piercing the corporate veil.


2001 ◽  
Vol 8 (2) ◽  
pp. 143-161 ◽  
Author(s):  
P. BARNES ◽  
R. J. FIRMAN

As a result of legislation in 1855, 1856 and 1862 that effectively enabled limited liability companies to be formed with minimum difficulty for the first time, there was an explosion of new companies. However, after the collapse of Overend, Gurney Ltd in 1866 they became unpopular. This paper examines the case of a business which failed to raise the necessary funding because of suspicion of exaggerated claims made in public prospectuses and the ways in which it attempted to survive. This gypsum industry case history also illustrates the problems facing the new class of ‘pure’ investors and directors who had little understanding of the industry in which their company was operating and the nature and reliability of the financial information available to them required for their decision-making.


Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 477
Author(s):  
Iqbal Rino Akta Pratama ◽  
Anis Mashdurohatun

The purpose of this study were 1) To determine the role of the notary in the process of setting up a Limited Liability Company (PT), 2) To determine whether the obstacles faced by the notary in the process of setting up a Limited Liability Company (PT) and the solution.The method used in this research is empirical juridical approach, juridical (legal viewed as the norm or das sollen), because in discussing the problem of research using legal materials (both the written law and the unwritten law or good legal materials primary or secondary law). Specifications research used in this research is descriptive, as explained, describe or disclose the legislation in force associated with the theories of law and positive law enforcement practice concerning these issues.Based on the results of this study concluded that 1) According to the Minister of Justice of the Republic of Indonesia No. M.01-PR.08.01 1996 on Procedures for Submission of Application and Approval of Deed of Establishment of the Limited Liability Company, that pengesahaan establishment of PT may be made by the founders together or proxies , can also by a notary, so there is no necessity notaries as public officials who approve their establishment of limited liability companies, but these roles can be carried out by the founder of the company. 2) Barriers faced delay problems often arise.For the notary, will make the process inefficient. Probes for the ongoing process difficult because of the lack of an online system that can monitor the manufacturing process. Solutions to overcome the obstacles faced by the notary in the legalization of the establishment Company Limited is a Limited Liability Company in the legalization of the establishment can be overcome with the Legal Entity Administration System electronically, as a matter of time and efficiency in monitoring the rights to this process.Keywords: Role; Notary Public; Limited Liability Company (PT)


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