scholarly journals Company incorporation regimes in the UK, the US and Australia – In search of the golden mean

2020 ◽  
Vol 9 (2) ◽  
pp. 83-91
Author(s):  
Badar Mohammed Almeajel Alanazi
Keyword(s):  
Ownership Structure ◽  
Business Owners ◽  
Company Law ◽  
Legal Personality ◽  
The Us ◽  
The World ◽  
Regulatory Measures ◽  
The Law ◽  
The Uk

The purpose of the law on incorporation has been heavily contested by academics. On one side of the debate are scholars who argue that company law should have an “enabling” role, in that it should empower business owners to arrange their affairs in a manner that best suits their purposes at the same time as minimising any interference from the state. On the other side of the debate are those who argue that company law should impose on the world of commerce strong regulatory measures to prevent such abuses. This conflict between the “enabling” and the “regulatory” role of company incorporation law is visible in many jurisdictions, with each of them achieving a different balance between the two approaches. Many scholarly studies have elaborated on how companies are incorporated and regulated. Some of them have been used in the current paper such as studies carried out by Bayern et al. (2017) and Reyes (2018). However, this paper examines the extent to which the incorporation regimes in the UK, the US, and Australia can be said to be “enabling” or “regulatory” in nature, through a detailed analysis of the law on company incorporation, ownership structure and the protection provided to the relevant stakeholders through the principles of separate legal personality.

The Role of the Directors

2021 ◽  
pp. 125-194
Author(s):  
Eva Micheler
Keyword(s):  
Public Interest ◽  
Company Law ◽  
Economic Interests ◽  
Financial Reports ◽  
The Public ◽  
Company Directors ◽  
The Board Of Directors ◽  
The Law ◽  
The Uk

This chapter describes the role of the directors. The duties of the directors are owed to the company and while the shareholders are the primary indirect beneficiaries of those duties, the law integrates the interests of creditors and also of wider society. The law is primarily focused on ensuring compliance with the Companies Act and the constitution rather than with the enhancement of economic interests. The Company Directors Disqualification Act 1986 serves as a mechanism through which the public interest is integrated into company law, while the UK Corporate Governance Code adds a further procedural dimension to the operation of the board of directors. The chapter then looks at how the idea of designing remuneration in a way that guides the directors to act either for the benefit of the shareholder or for the benefit of the company is flawed and has served as a motor justifying increasing rewards without bringing about commensurate increases in performance. It also analyses the duties of the directors to keep accounting records and to produce financial reports.

scholarly journals Company Directors’ Duties and Conflicts of Interest

2019 ◽  
Author(s):  
Rosemary Teele Langford
Keyword(s):  
Conflicts Of Interest ◽  
Careful Analysis ◽  
Case Law ◽  
Company Law ◽  
General Law ◽  
Company Directors ◽  
The Law ◽  
The Uk ◽  
Statutory Regulation

This book contains the most detailed multi-jurisdictional analysis of directors’ conflicts available drawing together relevant case law, codes and statutory regulation from the law applying to directors of companies incorporated under the UK Companies Acts, with extensive reference to the law in Australia, Canada, Hong Kong and New Zealand. The book provides comprehensive analysis of the conflicts faced by directors and includes the important areas of conflicts of interest, conflicts of duties, unauthorised profits, corporate opportunities, multiple directorships, nominee directorships, and conflicts involving stakeholders’ interests. Difficult aspects of these topics are analysed with reference to the laws of a range of common law jurisdictions. The extensive multi-jurisdictional analysis allows solutions to be presented in relation to difficult legal issues and enables clarification of the legal approach. In addition to detailed coverage and analysis of general law duties, the specific statutory duties are outlined and analysed including those concerning related party transactions. The UK Corporate Governance Code, and Guidance on Board Effectiveness, issued by the FRC in July 2018 are covered extensively. The book provides detail on fiduciary theory, the reach of the term ‘director’, consequences of a breach, remedies, authorisation and the role of disclosure. It also contains a detailed table of key cases concerning corporate opportunities which includes the pertinent facts, whether there was a breach of directors’ duties, and a summary of the important factors in the decision made. The cases are featured in order from instances representing clear breach to those in which no breach was found. The book is significant in its thorough coverage of general law and statutory duties relating to conflicts, and its clarification of the scope and application of currently complex and uncertain duties. It provides clear guidance to academics, practitioners, directors and regulators in each of the jurisdictions on the regulation of conflicts of interest and the implementation of good regulatory practice. This is a key reference work on this important and dynamic area of company law which provides careful analysis of the law set in a practical context.

The Doctrinal Basis of The Rights of Company Shareholders

1998 ◽  
Vol 57 (3) ◽  
pp. 554-588 ◽  
Author(s):  
Ross Grantham
Keyword(s):  
Political Power ◽  
The State ◽  
Company Law ◽  
Corporate Form ◽  
Moral Force ◽  
The Law ◽  
Normative Implications

THE concept of ownership is a complex, powerful and controversial idea. In law it explains, justifies and gives moral force to a host of rights and duties as well as serving to legitimate the allocation of wealth and privilege. The influence of this idea is, furthermore, everywhere embodied in the law. In company law, legal and economic conceptions have both rested on and have been shaped by the normative implications of ownership. Historically, ownership was the principal explanation and justification for the central role of shareholders in corporate affairs. As owners, shareholders were entitled to control the management of the company and to the exclusive benefit of the company's activities. Ownership also served to legitimate the corporate form itself. So long as it was owned by individuals the economic and political power of the company was both benign and a bulwark against the intrusion of the state.

Culture and the popular: Introduction to essays in memory of Brian Rigby

2018 ◽  
Vol 29 (4) ◽  
pp. 293-299
Author(s):  
Michael Kelly
Keyword(s):  
Popular Culture ◽  
Cultural Studies ◽  
Cultural History ◽  
Rapid Expansion ◽  
Daily Lives ◽  
The Us ◽  
The 1960S ◽  
The Uk ◽  
French Cultural Studies

This article introduces the special number of French Cultural Studies commemorating the role of Brian Rigby as the journal’s first Managing Editor. It situates his contribution in the emergence of cultural history and French cultural studies during the rapid expansion of higher education from the 1960s in France, the UK, the US and other countries. It suggests that these new areas of study saw cultural activities in a broader social context and opened the way to a wider understanding of culture, in which popular culture played an increasingly important part. It argues that the study of popular culture can illuminate some of the most mundane experiences of everyday life, and some of the most challenging. It can also help to understand the rapidly changing cultural environment in which our daily lives are now conducted.

Chapter II. The World Economy

1983 ◽  
Vol 106 ◽  
pp. 26-38
Keyword(s):  
North America ◽  
Industrial Production ◽  
World Economy ◽  
Western Europe ◽  
West Germany ◽  
The Us ◽  
The World ◽  
The Uk ◽  
A Minor ◽  
Minor Extent

The recovery in the OECD area gathered pace in the second quarter, when its total GDP probably increased by as much as 1 per cent. The rise was, however, heavily concentrated in North America and particularly the US. There may well have been a slight fall in Western Europe, where the level of industrial production hardly changed and increases in gross product in West Germany and, to a minor extent, in France were outweighed by falls in Italy and (according to the expenditure measure) the UK.

scholarly journals Journalism from Above: Drones and the Media in Critical Perspective

2020 ◽  
Vol 8 (3) ◽  
pp. 60-63
Author(s):  
Jonas Harvard ◽  
Mats Hyvönen ◽  
Ingela Wadbring
Keyword(s):  
Media Production ◽  
Media Technology ◽  
Public Authorities ◽  
The Us ◽  
The Media ◽  
Legal Constraints ◽  
The Uk ◽  
New Research ◽  
Journalistic Practice

In the last decade, the development of small, remotely operated multicopters with cameras, so-called drones, has made aerial photography easily available. Consumers and institutions now use drones in a variety of ways, both for personal entertainment and professionally. The application of drones in media production and journalism is of particular interest, as it provides insight into the complex interplay between technology, the economic and legal constraints of the media market, professional cultures and audience preferences. The thematic issue <em>Journalism from Above: Drones, the Media, and the Transformation of Journalistic Practice</em> presents new research concerning the role of drones in journalism and media production. The issue brings together scholars representing a variety of approaches and perspectives. A broad selection of empirical cases from Finland, Spain, Sweden, the UK and the US form the basis of an exploration of the changing relations between the media, technology and society. The articles address topics such as: Adaption of drone technology in the newsrooms; audience preferences and reactions in a changing media landscape; the relation between journalists and public authorities who use drones; and attitudes from journalistic practitioners as well as historical and future perspectives.

scholarly journals Ukraine in the Focus of US Foreign Policy Priorities

2020 ◽  
pp. 66-79
Author(s):  
N. Gegelashvili ◽  
◽  
I. Modnikova ◽  
Keyword(s):  
United States ◽  
Soviet Union ◽  
The United States ◽  
Donald Trump ◽  
The Soviet Union ◽  
The Us ◽  
The World ◽  
The Russian Federation ◽  
Radical Transformation

The article analyzes the US policy towards Ukraine dating back from the time before the reunification of Crimea with Russia and up to Donald Trump coming to power. The spectrum of Washington’s interests towards this country being of particular strategic interest to the United States are disclosed. It should be noted that since the disintegration of the Soviet Union Washington’s interest in this country on the whole has not been very much different from its stand on all post-Soviet states whose significance was defined by the U,S depending on their location on the world map as well as on the value of their natural resources. However, after the reunification of Crimea with Russia Washington’s stand on this country underwent significant changes, causing a radical transformation of the U,S attitude in their Ukrainian policy. During the presidency of Barack Obama the American policy towards Ukraine was carried out rather sluggishly being basically declarative in its nature. When President D. Trump took his office Washington’s policy towards Ukraine became increasingly more offensive and was characterized by a rather proactive stance not only because Ukraine became the principal arena of confrontation between the United States and the Russian Federation, but also because it became a part of the US domestic political context. Therefore, an outcome of the “battle” for Ukraine is currently very important for the United States in order to prove to the world its role of the main helmsman in the context of a diminishing US capability of maintaining their global superiority.

scholarly journals FEATURES OF GLOBAL INVESTMENT POLICY: MODERN TRENDS AND PROSPECTS

2019 ◽  
pp. 142-148
Author(s):  
Larisa Germanovna Chuvakhina
Keyword(s):  
Foreign Direct Investment ◽  
Foreign Investment ◽  
Direct Investment ◽  
World Economy ◽  
International Investment ◽  
Investment Policy ◽  
Investment Promotion ◽  
The Us ◽  
The World

The article highlights the current problems of investments in the development of the world economy, when international investment needs are significantly high. The priority is given to the issues of investment resources for achieving the goals of sustainable development of the world economy. It has been stated that for creating the effective economic policy, the countries need to attract foreign investment. The current trends in the development of global market for foreign direct investment flows are examined. The flows of global foreign direct investment in 2017-2018 are analyzed. Special attention is given to the study of the US investment policy. The reduction in US investments into the Russian economy in terms of the sanctions policy against Russia is marked. The changes in the investment policy of the administration of D. Trump in terms of strengthening American protectionism are underlined. The issues of US-EU investment cooperation are considered. The role of the US Federal Reserve in regulating the activities of foreign companies in the US market is defined. The main decisions taken at the X World Investment Forum of the United Nations Conference on Trade and Development in October, 2018 are considered. The role of investment promotion agencies is defined as one of the tools to attract foreign investments into the country's economy. The decrease in the level of international investment and increased competition between countries for attracting foreign investment is stated. The study confirms that the investment attractiveness of the country, stability of the national financial system, and legal security of business play a decisive role in attracting foreign direct investment.

scholarly journals The Pandemic and the Crisis in the System of International Relations

2020 ◽  
Vol 13 (5) ◽  
pp. 6-19
Author(s):  
Al. A. Gromyko
Keyword(s):  
International Relations ◽  
International Institutions ◽  
Competitive Advantages ◽  
Direct Impact ◽  
The Us ◽  
The World ◽  
World Economic ◽  
Strategic Autonomy ◽  
The Eu

The research is focused on several key problems in the system of international relations influenced by the COVID-19 pandemic. It is shown that the events caused by it and broadly identified as a coronacrisis have a direct impact on the world economic contradictions (pandenomica) and political ones, including the sphere of security. These particular aspects are chosen as the main objects of the research. The author contends that the factor of the pandemic has sharpened the competition between regional and global players and has increased the role of a nation- state. In the conditions of transregional deglobalisation, regionalism and “protectionism 2.0” get stronger under the banners of “strategic vulnerability” and “economic sovereignty”. A further weakening of multilateral international institutions continues. The EU endeavours to secure competitive advantages on the basis of relocalisation, industrial and digital policies and the Green Deal. The article highlights the deterioration in the relations among Russia, the US, the EU and China, the unfolding decoupling between Washington and its European allies, which stimulates the idea of the EU strategic autonomy. An urgent need for the deconfliction in Russia – NATO interaction is stated.

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