WITHDRAWAL OF A SHAREHOLDER IN THE CASE OF A REORGANISATION: EVALUATION OF EFFECTIVENESS AS A REMEDY

2021 ◽  
Vol 20 (6) ◽  
pp. 168-190
Author(s):  
A.A. KUZNETSOV
Keyword(s):  
Economic Uncertainty ◽  
Shareholder Protection ◽  
Significant Change ◽  
The Right ◽  
Right Of Withdrawal ◽  
A Company

The article discusses the right to withdraw from a company as a method of shareholder protection in the event of reorganisation. In particular, the disadvantages of this method of protection are analysed and it is concluded that it generates significant costs and legal and economic uncertainty. It is therefore proposed that the right of withdrawal in the event of reorganisation should be abandoned unless such reorganisation results in a significant change in the company.

Techniques of Viral Marketing

2019 ◽  
Vol 118 (6) ◽  
pp. 97-99
Author(s):  
Arockia Jeyasheela A ◽  
Dr.S. Chandramohan
Keyword(s):  
Social Media ◽  
Real Time ◽  
Word Of Mouth ◽  
Viral Marketing ◽  
Consumer Perception ◽  
Key Word ◽  
The Right ◽  
A Company

This study is discussed about the viral marketing. It is a one of the key success of marketing. This paper gave the techniques of viral marketing. It can be delivered word of mouth. It can be created by both the representatives of a company and consumer (individuals or communities). The right viral message with go to right consumer to the right time. Viral marketing is easy to attract the consumer. It is most important advertising to consumer. It involves consumer perception, organization contribution, blogs, SMO (Social Media Optimize), SEO (Social Engine Optimize). Principles of viral marketing are social profile gathering, Proximity Market, Real time Key word density.

Perancangan Strategi Penjualan Menggunakan Dinamika Sistem Pada CV. Gajah Mungkur

2020 ◽  
Vol 5 (4) ◽  
pp. 215
Author(s):  
Maulana Hassan Syafrudin ◽  
Nunung Nurhasanah
Keyword(s):  
Swot Analysis ◽  
Online Marketing ◽  
Dynamics Simulation ◽  
Scenario Simulation ◽  
Dynamic Approach ◽  
Product Price ◽  
Output Analysis ◽  
Uncertainty Factors ◽  
The Right ◽  
A Company

<p><em>Abstrak</em> – <strong>CV. Gajah Mungkur adalah salah satu perusahaan yang bergerak di bidang bordir kain. Perusahaan ini mengalami pasang surut penjualan produknya selama dua tahun terakhir. Untuk itu dalam penelitian ini menggunakan strategi seperti analisis SWOT sebagai pendekatan perusahaan menghadapi persaingan bisnis penjualan serta pendekatan dinamika sistem dalam memberikan rekomendasi terhadap keputusan atau kebijakan perusahaan terkait nilai omset penjualan dan nilai profit perusahan yang dipengaruhi oleh faktor ketidakpastian (uncertainty). Berdasarkan hasil pengolahan ANP dengan software Super Decisions, didapatkan bahwa alternatif strategi yang tepat bagi perusahaan CV. Gajah Mungkur untuk melanjutkan proses bisnisnya yang lebih baik adalah dengan cara memberikan promo diskon dan melakukan pemasaran secara online. Berdasarkan analisis output hasil simulasi skenario, bahwa bila perusahaan menerapkan skenario diskon harga produk sebesar 5% perusahaan akan mendapatkan penambahan jumlah penjualan sebanyak 139.258 unit. Kemudian bila perusahaan menerapkan skenario diskon produk sebesar 10% perusahaan akan mendapatkan penambahan jumlah penjualan sebanyak 151.918 unit. Selanjutnya adalah bila perusahaan menerapkan skenario diskon produk sebesar 15% perusahaan akan mendapatkan penambahan jumlah penjualan sebanyak 164.577 unit. Selain itu bila perusahaan menerapkan pemasaran secara online, bila perusahaan menerapkan promosi online salah satunya di online shop shopee maka perusahaan akan mendapatkan penambahan jumlah penjualan sebanyak 174.533 unit.</strong></p><p><em>Abstract</em> - <strong>CV. Gajah Mungkur is one of the companies engaged in fabric embroidery. This company has experienced ups and downs in the sales of its products as per the data for the last two years. For this reason, this study uses strategies such as SWOT analysis as a company approach to dealing with sales business competition as well as a system dynamic approach in providing recommendations on company decisions or policies related to the value of sales turnover and the value of company profits which are influenced by uncertainty factors. The results of this study are based on the results of ANP processing with Super Decisions, it was found that the right alternative strategy for CV. Gajah Mungkur, to continue its better business process, is by providing discount promos and marketing online. Based on the output analysis scenario simulation results, that if the company applies a 5% discount on product price scenarios, the company will get an additional sales volume of 139,258 units. Then if the company applies a product discount scenario of 10%, the company will get an additional sales number of 151,918 units. Furthermore, if the company applies a product discount scenario of 15%, the company will get an additional sales number of 164,577 units. Besides, if the company implements online marketing, if the company implements online promotions, one of which is the online shopee, the company will get an additional sales number of 174,533 unit.</strong></p><p><strong><em>Keywords - </em></strong><em>SWOT, ANP, System Dynamics Simulation</em><em>.</em></p>

scholarly journals Will the imaginary active consumers please stand up? Case note to Walbusch Walter Busch: Case C-430/17 Walbusch Walter Busch GmbH & Co. KG v. Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main eV, EU:C:2019:47

2019 ◽  
Vol 26 (5) ◽  
pp. 713-719
Author(s):  
Joasia Luzak
Keyword(s):  
Consumer Protection ◽  
Case Note ◽  
Recent Case ◽  
Frankfurt Am Main ◽  
Limited Space ◽  
Court Of Justice ◽  
Technological Advances ◽  
The Right ◽  
Right Of Withdrawal ◽  
The Eu

The questions posed to the Court of Justice of the EU in the recent case of Walbusch Walter Busch asked what qualifies as the means of communication with a limited space or time to display the information and how detailed the disclosure on the right of withdrawal needs to be on such a medium. The judgment in this case had to strike a balance between not limiting traders’ opportunities to use technological advances to reach consumers and one of the main objectives of consumer protection: ensuring consumers have a chance to make fully informed transactional decisions.

Centros Ltd—A Complete U-Turn in the Right of Establishment for Companies?

2000 ◽  
Vol 49 (3) ◽  
pp. 621-642 ◽  
Author(s):  
Anne Looijestijn-Clearie
Keyword(s):  
United Kingdom ◽  
Member State ◽  
European Court Of Justice ◽  
The United Kingdom ◽  
Court Of Justice ◽  
European Court ◽  
Registered Office ◽  
Set Up ◽  
The Right ◽  
A Company

InCentros Ltd and Erhvers-og Selskabsstyrelesen (hereinafter Centros),1 the European Court of Justice ruled that it is contrary to Article 52 (now Article 432) and Article 58 (now Article 48) of the EC Treaty for the authorities of a member State (in casu Denmark) to refuse to register a branch of a company formed under the law of another member State (in casu the United Kingdom) in which it has its registered office, even if the company concerned has never conducted any business in the latter State and intends to carry out its entire business in the State in which the branch is to be set up. By avoiding the need to form a company there it would thus evade the application of the rules governing the provision for and the paying-up of a minimum share capital in force in that State. According to the Court, this does not, however, prevent the authorities of the member State in which the branch is to be set up from adopting appropriate measures for preventing or penalising fraud, either with regard to the company itself, if need be in co-operation with the member State in which it was formed, or with regard to its members, where it has been determined that they are in fact attempting, by means of the formation of a company, to evade their obligations towards creditors established in the territory of the member State of the branch.

scholarly journals Company Changing Status and Its Linking to Competitiveness

2015 ◽  
Vol 53 (1) ◽  
pp. 1-17
Author(s):  
Dragana Radenković-Jocić ◽  
Ivan Barun
Keyword(s):  
Mergers And Acquisitions ◽  
Legal Framework ◽  
Decision Makers ◽  
Economic Activities ◽  
Economic Interests ◽  
Eu Legislation ◽  
The Republic ◽  
The Right ◽  
A Company ◽  
The Eu

Abstract The authors present the issues and challenges related to the changes in status of a company and its impact on competitiveness. Status changes of companies, mostly mergers and acquisitions of companies, are one of the ways in which capital owners and management direct economic activities with the aim of maximizing profits. In order to make the right and justified decision, in terms of achieving the economic interests of the company, it is essential to know the laws and regulations in this area. This paper should provide answers on various questions which will be presented to decision makers in every company, considering status changes. Bearing in mind that the question of status changes often associated with an international element, the authors will pay special attention on the EU legislation and current legal framework in the Republic of Serbia.

The average consumer is not a lawyer! Case C-66/19 JC v Kreissparkasse Saarlouis

2020 ◽  
Vol 27 (3) ◽  
pp. 379-386
Author(s):  
Peter Rott
Keyword(s):  
German Law ◽  
Withdrawal Period ◽  
Average Consumer ◽  
Legal Provisions ◽  
Court Of Justice ◽  
Legal Competence ◽  
The Right ◽  
Credit Law ◽  
Right Of Withdrawal ◽  
Federal Supreme

The Court of Justice had to decide on the transparency of information on the right of withdrawal in consumer credit law. Under German law, the creditor could describe the start of the withdrawal period by mere reference to a legal provision which then referred to other legal provisions which the consumer then had to interpret, which the Court of Justice considered to be lacking in transparency. In the background, there was a conflict between the referring court and the German Federal Supreme Court on the legal competence of the average consumer that the Court of Justice decided in favour of the referring court.

How to Improve Remanufacturing?—A Systematic Analysis of Practices and Theories

2018 ◽  
Vol 141 (2) ◽  
Author(s):  
Tomohiko Sakao ◽  
Erik Sundin
Keyword(s):  
Customer Value ◽  
Success Factors ◽  
Theory And Practice ◽  
Systematic Analysis ◽  
Effect Analysis ◽  
Product Service ◽  
Fishbone Diagram ◽  
Cause And Effect Analysis ◽  
The Right ◽  
A Company

Remanufacturing has gained attention from industry, but the literature lacks the scientific comprehension to realize efficient remanufacturing. This hinders a company from commencing or improving remanufacturing efficiently. To fill this gap, the paper proposes a set of practical success factors for remanufacturing. To do so, it analyzes remanufacturing practices in industry through interviews with staff from remanufacturing companies with long experience. The practical success factors are found to be (1) addressing product and component value, (2) having a customer-oriented operation, (3) having an efficient core acquisition, (4) obtaining the correct information, and (5) having the right staff competence. Next, the paper further analyzes remanufacturing processes theoretically with both cause and effect analysis and means-ends analysis. Since the factors show that, among other things, the product/service system (PSS) is highly relevant to remanufacturing in multiple ways, theories on the PSS are partly utilized. As a result, the distinctive nature of remanufacturing underlying in the processes is found to have high variability, high uncertainty and, thus, also complexity. The obtained insights from practice and theory are found to support each other. In addition, a fishbone diagram for remanufacturing is proposed based on the analysis, including seven m's, adding two new m's (marketing and maintenance) on top of the traditional five m's (measurement, material, human, method, and machine) in order to improve customer value. The major contribution of the paper lies in its insights, which are grounded in both theory and practice.

scholarly journals Analisis Preferensi Ketidaknyamanan Konsumen Terhadap Promosi Dan Personal Selleryang Mempengaruhi Minat Beli Konsumen Serta Pemilihan Merek Pada Asuransi (Studi Kasus di PT. Prudential Life Assurance)

2020 ◽  
Vol 2 (1) ◽  
pp. 16-29
Author(s):  
Putu Dyah Permatha Korry ◽  
Ayu Wendy Widhia Pramesti
Keyword(s):  
Structural Equation ◽  
Direct Marketing ◽  
A Value ◽  
Sense Of Security ◽  
Analysis Technique ◽  
Insurance Agent ◽  
Predicted Model ◽  
The Right ◽  
Insurance Data ◽  
A Company

Health is an important thing to be noticed in everyday life, because humans will not be separated from the dangers that arise suddenly by an event. Insurance is one way to guarantee a sense of security in handling the risks that arise suddenly. No wonder various promotions are carried out by companies to generate consumer buying interest, but one of the promotional techniques of direct marketing through telemarketing is inconvenience, because promotion through this technique consumers feel disturbed when contacted because according to them telemarketers do not think of the right time when offering a product. Personal Sales (Personal Seller) is an insurance agent from a company that can deal directly with consumers so that later there will be buying interest in insurance. To increase consumer buying interest, promotional inconvenience, and seller personalities are expected to be able to influence consumers so that after buying interest arises, consumers will be able to decide on the brand selection on insurance. Data was collected through questionnaires to 85 respondents. The data analysis technique used is structural equation (SEM) with PLS. The results of this study indicate that promotional discomfort has a negative and significant effect on consumer buying interest, while a personal seller has a positive and significant effect on consumer buying interest, and consumer buying interest has a positive and significant effect on brand selection. Based on the results of testing the Q2 model gets a value of 0.774, which shows the predicted model is appropriate.

scholarly journals Legal status of the company's share in own authorized capital under the Law of Ukraine “On limited and additional liability companies”: problems of legal regulation

2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
General Meeting ◽  
Legal Regulation ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
A Company ◽  
Authorized Capital ◽  
A Share

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.

scholarly journals The use of personality tests as a pre-employment tool: A comparative study

2021 ◽  
Vol 119 ◽  
pp. 05007
Author(s):  
Ahmed Remaida ◽  
Aniss Moumen ◽  
Youness El Bouzekri El Idrissi ◽  
Benyoussef Abdellaoui ◽  
Youssef Harraki
Keyword(s):  
Comparative Study ◽  
Educational System ◽  
Personality Testing ◽  
Recruitment Process ◽  
Personality Tests ◽  
Knowledge And Skills ◽  
Open Debate ◽  
The Right ◽  
A Company ◽  
Selection Of

The mechanisms of professional selection of young graduates in the labour market remain an open debate and involve all stakeholders: students, educational system, companies and administrations. These mechanisms play a crucial role in the future performances of an institution or a company, as the selection of the wrong candidate can ruin an organization. In contrast, the right candidate can take the organization to new heights. The interview presents a short interaction that may reflect the candidate knowledge and skills; however, there are many other hidden facets such as personality traits that are difficult to measure only by interviewing. Today, many countries already use personality testing during the recruitment phase. Our objective through this work is to determine the possible links between the personality of future young employees and their performance within the company. To achieve this objective, we carried out a comparative study of the different personality tests used in the recruitment process.

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