scholarly journals Interešu līdzsvara apsvērumi Komerclikuma 172. panta sestajā daļā noteiktā prasības celšanas termiņa vērtējumā

2021 ◽  
pp. 206-214
Author(s):  
Lauris Rasnačs ◽  
Keyword(s):  
Present Article ◽  
Supervisory Board ◽  
Time Limit ◽  
Commercial Law ◽  
Legal Proceedings ◽  
A Company

Various Latvian legal scholars have provided different opinions as to the legal substance of 3 month period time limit, provided in the paragraph 6, article 172 of Latvian Commercial Law. The present article is intended as a discussion with authors – Professor Jānis Kārkliņš, Mg. iur., Dr. iur. cand. Edijs Brants and Mg. iur., Dr. iur. cand. Evija Novicāne, who have provided the opinion that the said time limit is set only in order to discipline representatives of a company to file a claim against members of management or supervisory board, shareholders or auditor in due time. In author’s opinion, the failure to file the said claim within specified time limit precludes a company from further legal proceedings against the said defendants.

scholarly journals Relevant Issues of the Judicial Practice in Intellectual Property Protection

CIVIL LAW ◽  
2021 ◽  
Vol 1 ◽  
pp. 7-10
Author(s):  
Konstantin A. Kirsanov ◽  
◽  
Olga N. Barmina ◽  
Keyword(s):  
Intellectual Property ◽  
Present Article ◽  
Civil Law ◽  
Intellectual Property Protection ◽  
Judicial Practice ◽  
Main Current ◽  
A Company

Intellectual property is currently one of the key areas of modern civil law relations. In the present article, the authors reviewed and summarized the main current areas of judicial practice in the field of violations related to the exclusive rights to a company name, characters and trademarks.

scholarly journals Responsibility and role of internal and external statutory auditors in extraordinary operations

2018 ◽  
Vol 15 (3) ◽  
pp. 66-79 ◽  
Author(s):  
Maurizio Rija
Keyword(s):  
Internal Control ◽  
Supervisory Board ◽  
External Control ◽  
Critical Periods ◽  
Commercial Law ◽  
Civil Responsibility ◽  
History Of ◽  
The Law ◽  
Accounting Control ◽  
Work Done

In the current work, the figures and functions of the external statutory auditor and internal statutory auditor are analysed. Before examining this subject, the historical and critical periods which have characterized the history of the subjects concerned is recalled; from the beginning will be shown the historical and regulatory process of auditing rules (activities engaged in by these subjects). From the dedicated and practical study of several documents, it is shown that with the progress of time, internal control carried out by the supervisory board is supported by an external control by the auditors or an audit firm. Until the mid-70s, auditing control was voluntary and the companies, without any impositions, believed it preferable to remain anchored to a purely internal control rather than an audit company. The law 136/1975 which made the external accounting control by an auditing company compulsory is under control of the Consob and the Draghi law clearly distinguishes the roles carried out by the auditors and work done by the supervisory board. After alluding to the reform of the commercial law, which took place in 2003, the law 39/2010 is analysed, modified by the recent law 135/2016. Successively, civil, criminal and administrative responsibility of the external and internal statutory auditors are analysed since with the EU Recommendation of 2008 (2008/473/EC) the state members are encouraged to limit the civil responsibility making the auditors no longer unlimitedly and jointly responsible but responsible relatively to the damage caused in the first person. Finally, in a comparative context, a study is carried out on the effects of the recommendation in other European countries pointing out any dissimilarities/similarities from both the criminal and administrative aspect.

1. Overview

2019 ◽  
pp. 3-9 ◽  
Author(s):  
Derek French
Keyword(s):  
Company Law ◽  
Legal Person ◽  
Legal Proceedings ◽  
Basic Ideas ◽  
A Company

This chapter provides an overview of the work’s contents. It introduces the basic ideas of company law. A company is an artificial legal person capable of owning property, being a party to contracts, and being a claimant or defendant in legal proceedings. A company is created by registration at Companies House under the Companies Act 2006. A company is both an association of members (shareholders) and a person separate from its members. Members are not liable for the company’s debts. Members are only liable to make an agreed capital contribution in return for their shares. Members appoint directors to manage the company’s business and represent the company. Every company must have articles of association which set out the company’s constitution.

Anti-Corruption Compliance Standards in the Aftermath of the Siemens Scandal

2009 ◽  
Vol 10 (8) ◽  
pp. 1343-1354 ◽  
Author(s):  
Karl Sidhu
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Washington Dc ◽  
Legal Proceedings ◽  
Board Directors ◽  
The Subject ◽  
Community Board ◽  
Corporate Community ◽  
A Company

Legal proceedings against Siemens AG arising from allegations of bribery were concluded on 15 December 2008 in Munich, Germany, as well as in Washington, DC. The Siemens case has been the largest of its kind. It has changed the compliance landscape and has brought criminal law out of its dark corner and to the attention of the corporate community. Board directors and other managers have painfully become aware that noncompliance with criminal law may not only threaten the existence of a company, but also may lead directly to personal criminal liability. The subject of compliance has also raised the attention of legal advisors and accountants that naturally must recommend the “best standard,” especially if the sensitive subject of corruption is concerned. Last but not least, prosecutors now have a deeper inside knowledge of corruption structures than ever before. Thus, compliance standards tend to rise expeditiously even without regulators taking any action. Siemens thereby smartly has lifted compliance to the “cornerstone” of its business and generally - in particular when it comes to anti-corruption programs -presents its improved and expanded compliance organization as a leading example.

5. Corporate personality

2016 ◽  
Author(s):  
Derek French ◽  
Stephen W. Mayson ◽  
Christopher L. Ryan
Keyword(s):  
Human Rights ◽  
Corporate Law ◽  
Court Cases ◽  
Controlling Shareholder ◽  
Legal Personality ◽  
Legal Proceedings ◽  
Personal Rights ◽  
Piercing The Corporate Veil ◽  
A Company ◽  
Corporate Personality

This chapter deals with the legal personality of a company which is separate from its members, capable of owning property, entering into contracts, and being a party to legal proceedings. It considers the case Salomon v A Salomon and Co Ltd [1897] AC 22, in which the courts affirmed separate corporate personality by rejecting attempts, on behalf of creditors, to impose liability for a failed company’s debts on its controlling shareholder. The consequences of separate corporate personality are also discussed, particularly with respect to a company’s human rights (or personal rights). In addition, the chapter examines the process known as ‘piercing the corporate veil’ in relation to the evasion principle; how an artificial entity can have legal personality; and a number of particularly significant court cases. Finally, it looks at corporate law theory and the issue of company linguistics.

1. Introduction

2016 ◽  
Author(s):  
Derek French ◽  
Stephen W. Mayson ◽  
Christopher L. Ryan
Keyword(s):  
Case Law ◽  
Company Law ◽  
Private Companies ◽  
Public And Private ◽  
Legal Proceedings ◽  
Sole Proprietorship ◽  
Legal Forms ◽  
Transparency And Disclosure ◽  
And Control ◽  
A Company

Overview of the work’s contents: overview of English company law, the context in which it has developed, its purpose and history, controversy over company law and its fundamental nature. Introduces the idea of a company as a separate, artificial person capable of owning property, being a party to contracts, and being a claimant or defendant in legal proceedings. Discusses other main themes that recur in the book, including ownership and control of a company and corporate governance, corporate finance, transparency and disclosure, the distinction between public and private companies, and picking up the pieces after things go wrong. Deals with the nature of corporations in general and companies in particular; differences between incorporated companies and two other legal forms used by businesses, partnership, and sole proprietorship; the sources of company law in statute, case law, and European law; and the purposes company law should serve.

7. Renewal of process

2017 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Time Limit ◽  
Extreme Caution ◽  
Legal Proceedings ◽  
Litigation Process

After proceedings commence by issuing a claim form or other originating process, they must be brought to the attention of the defendants or respondents by service. Generally, originating process remains valid for the purpose of service for a period of four months. Service of proceedings marks a watershed in the litigation process. It is at this point that the defendant is put on formal notice that legal proceedings have been brought, and the time limit on service of proceedings is one which is relaxed with extreme caution. This chapter discusses periods of validity; power to renew; claims in respect of cargo carried by sea; multiple defendants; effect of stay; procedure on seeking an extension; and challenging an order granting an extension.

2. Incorporation

2018 ◽  
Author(s):  
Lee Roach
Keyword(s):  
Civil Liability ◽  
Asset Ownership ◽  
Essential Information ◽  
Legal Proceedings ◽  
Advantages And Disadvantages ◽  
Royal Charter ◽  
A Company

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the process of incorporation and the advantages and disadvantages of conducting business through a company. The three principal methods by which a company can be incorporated are: incorporation by Act of Parliament, incorporation by Royal Charter, and incorporation by registration. The advantages of incorporation include perpetual succession, asset ownership, and the ability to commence legal proceedings. The disadvantages of incorporation include increased formality, regulation, publicity, and civil liability.

7. Renewal of Process

2018 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Time Limit ◽  
Extreme Caution ◽  
Legal Proceedings ◽  
Litigation Process

After proceedings commence by issuing a claim form or other originating process, they must be brought to the attention of the defendants or respondents by service. Generally, originating process remains valid for the purpose of service for a period of four months. Service of proceedings marks a watershed in the litigation process. It is at this point that the defendant is put on formal notice that legal proceedings have been brought, and the time limit on service of proceedings is one which is relaxed with extreme caution. This chapter discusses periods of validity; power to renew; claims in respect of cargo carried by sea; multiple defendants; effect of stay; procedure on seeking an extension; and challenging an order granting an extension.

scholarly journals Classical and modern concepts of corporate governance (Stewardship Theory and Agency Theory)

Management ◽  
2015 ◽  
Vol 19 (2) ◽  
pp. 84-92 ◽  
Author(s):  
Beata Glinkowska ◽  
Bogusław Kaczmarek
Keyword(s):  
Corporate Governance ◽  
Agency Theory ◽  
Supervisory Board ◽  
Stewardship Theory ◽  
Social Meaning ◽  
Modern Approach ◽  
Management Board ◽  
Governance Systems ◽  
Supervisory Boards ◽  
A Company

Summary The main issues in efficiency of a company as an organisation are relations between the Supervisory Board and the Management Board of a company, and the methods of functioning of Supervisory Boards in governance systems of a company. The classical and modern approach to the role, place, and importance of corporate governance presented in this article, is yet another prompt to continue searching for the optimum in the organisational, economical, and social meaning.

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