scholarly journals Family Business Interests under the Matrimonial Property and Companies Legislation An Introduction

1999 ◽  
Vol 30 (1) ◽  
pp. 237
Author(s):  
Virginia Grainer ◽  
Bob Dugan
Keyword(s):  
Family Business ◽  
Preliminary Investigation ◽  
Family Structures ◽  
Current Regime ◽  
Business Operation ◽  
Business Interests ◽  
Management Responsibility ◽  
Separate Property ◽  
Business Entities ◽  
Property Regime

This article is a preliminary investigation of family business interests under the Matrimonial Property Act 1976 ('MPA') and the Companies Act 1993 ('CA'). This article introduces the reader to the interrelationship of the matrimonial property regime and the legislative regulation of business entities, focusing on the implications of the MPA for the choice of entity, source of finance, division of shares, and allocation of management responsibility. Two principal lessons emerge from the authors' analysis: first, as applied to family ventures, the business entities legislation provides extensive flexibility with its ample allowance for contractual autonomy; and secondly, the matrimonial property regime is unsuitable for family structures involving a business operation. The authors conclude that the current regime for unmarried separate property, accessible by a MPA agreement under s 21, operates in a far more predictable manner and better suits the interests of many spouses. 

International Trade and the Transformation of Taiwanese Sugar Merchants: A Case Study of the Chen Fuqian Family in Takao, 1860–1905

2015 ◽  
Vol 9 (1) ◽  
pp. 54-72
Author(s):  
Pei-chen Li (李佩蓁)
Keyword(s):  
International Trade ◽  
Family Business ◽  
Late Qing ◽  
Family Organization ◽  
Business Operation ◽  
Managerial System

Focusing on the business operation of the Chen Fuqian family in south Taiwan, this paper analyses the importance of traditional business customs and family organization in international trade. Alongside the expansion of trade in Taiwan in the late Qing period, Taiwanese merchants would try to learn Western system of management to better position themselves in the intensive business competition. The development of the Chen family business thus epitomized the interaction between traditional Chinese and Western managerial system. (This article is in Chinese.)

The Economics of Marriage

2011 ◽  
Vol 12 (Supplement) ◽  
pp. 28-41 ◽  
Author(s):  
Alessandro Cigno
Keyword(s):  
Strategic Behavior ◽  
Divorce Rate ◽  
Market Work ◽  
Community Property ◽  
Permanent Effect ◽  
Separate Property ◽  
Enhance Efficiency ◽  
The Cost ◽  
Property Regime ◽  
Future Date

AbstractIn a separate-property jurisdiction, marriage may induce domestic cooperation, and enhance efficiency in the production of children, because it may lend credibility to the prospective main earner’s promise to compensate the main childcarer at some future date, when the children will no longer be economically dependent on them. In a community-property jurisdiction, marriage will induce domestic cooperation, and enhance efficiency in the production of children, because it rules out strategic behavior. Whatever the matrimonial property regime, reducing the cost or difficulty of obtaining a divorce will have no permanent effect on the divorce rate. In separate-property jurisdiction, it will encourage marriage, and induce more married women to specialize in market work. Couples should be allowed to choose the matrimonial property regime.

Private Universities as Family Business

2020 ◽  
pp. 189-224
Author(s):  
Jeremy Breaden ◽  
Roger Goodman
Keyword(s):  
Family Business ◽  
Private Universities ◽  
Private University ◽  
Modus Operandi ◽  
Japanese Family ◽  
Absolute Minimum ◽  
The Public ◽  
Business Interests ◽  
The Family ◽  
High Level

This chapter explains how Japanese family businesses in general, and family-run universities in particular, operate in practice and some of the negative and positive tropes with which they are frequently associated. These features include a high level of centralization, little voice for employees, top-down decision-making, and a particular concern over succession. The chapter develops the argument that family-run universities benefit from an ‘inbuilt resilience’, deriving from a preference for dealing with problems in-house and with the absolute minimum of disruption to the existing modus operandi; resilience built on a network of educational operations extending beyond a single university and allowing for significant cross-subsidies; robust connections with local business interests; and above all, an overriding concern with maintaining the integrity of the family business. This inbuilt resilience is a key to understanding the unexpected ability of Japan’s private universities to adapt to the dramatic demographic changes of the 1990s and 2000s. The chapter ends with a short discussion of possible outcomes of the next period of demographic decline from 2018 to 2030, suggesting that it may well be that the private university sector in Japan, with its inbuilt resilience and long experience of reacting to crises, will survive not only better than the current gloomy predictions but indeed than the public sector overall.

PUBLISHING ACTIVITIES AS ONE OF THE CREATIVE ECONOMY SECTOR: APPROACHES AND RESEARCH PERSPECTIVES

2017 ◽  
Author(s):  
Yaroslava Ischuk ◽  
Keyword(s):  
Computer Games ◽  
Creative Thinking ◽  
Computer Software ◽  
Creative Economy ◽  
Business Operation ◽  
Postindustrial Economy ◽  
Research Perspectives ◽  
Successful Business ◽  
Business Entities ◽  
Definition Of

Transition from the postindustrial economy to the economy of creativity, arts, original and fresh thinking, i. e. the creative economy, has been on more than twenty years now. Throughout his/her life a human closely interacts with various sectors of the creative economy by listening music, visiting a theatre, watching a movie, trying on clothes or choosing curtains. Creative thinking of a human both in daily and professional life, his/her perception of things is greatly significant today, which, combined with the acquired knowledge, can be laid in basis for the creative economy. Renewable resources of the creative economy, with knowledge, experiences and imaginations in the first place, are important, as they help create original goods or provide unique services. The definition of the notion of “creative economy” is investigated. A review of recent publications devoted to problems of creative economy development is made. It is determined that human values are at the core of the creative economy, by which the nation’s identity can be preserved in the creative economy context. The number of entities engaged in the publishing activities as a key creative economy sector is analyzed as part of the study. It is stressed that apart from publishing of books, newspapers or magazines, the publishing activities include publishing of computer games, software etc. It is revealed that the most successful business operation in 2010–2019 was demonstrated by the enterprises engaged in the publishing of computer software. The study gives grounds for the conclusion that creative economy issues require comprehensive in-depth studies. An investigation of the number of business entities engaged in the publishing could reveal that creative economy sectors had many problems reflected in unstable indicators of this economy dynamics.

scholarly journals METHODOLOGICAL ASPECTS OF INSTITUTIONAL PROVISION OF SUSTAINABLE DEVELOPMENT OF TERRITORIES IN THE CONTEXT OF THE DECENTRALIZATION PROCESS

2019 ◽  
pp. 63-70
Author(s):  
Grygorii Sharyi ◽  
Hanna Obykhod ◽  
Viktor Dubіschev
Keyword(s):  
Sustainable Development ◽  
Environmental Sustainability ◽  
Executive Power ◽  
New Governance ◽  
Personal Benefit ◽  
Business Interests ◽  
Governance Tools ◽  
Business Entities ◽  
Capital Development ◽  
Methodological Aspects

The institutional system in Ukraine, which is characterized by the rule of interests of the authorities over the interests of the society, neglect of the rights of business agents, as well as the use of power for the personal benefit of officials, is investigated. At the same time, the state is the main institution for sustainable development, which should determine the priority economic, social and environmental activities. Responsible institutions are obliged to develop the necessary mechanisms to ensure sustainability, strengthen positions in the areas of human capital development and improve the quality of life. New governance tools and mechanisms will facilitate the involvement of the private sector in the implementation of sustainable development principles through renewed relationships between business entities based on equal partnership and the use of mechanisms to ensure the harmonization of business interests in achieving social, economic and environmental sustainability. Irrationality, disproportionality, complexity of administrative-territorial entities of the united territorial communities were taken into account in this article. Ways of executive power institutionalization, development of territories in accordance with requirements of institutionalism, and its role and place in administrative-territorial reform were determined. It is argued that the only institutional set of society is an institutional matrix. Institutional matrix of society is presented as a stable triad of basic elements – macro-institutions that integrate and stabilize society: economy, politics, and culture. And the modernization of the system of public administration institutions, decentralization of powers to the level of united territorial communities should form a stable system of sustainable development of the territory and a safe socio-ecological and economic environment.

scholarly journals The Property (Relationship) Amendment Act 2001: A Conceptual Change

2008 ◽  
Vol 39 (4) ◽  
pp. 813
Author(s):  
Nicola Peart
Keyword(s):  
Conceptual Change ◽  
Conceptual Basis ◽  
Property Relationship ◽  
Property System ◽  
Community Property ◽  
Competing Demands ◽  
Separate Property ◽  
Property Regime

When the Matrimonial Property Act 1976 was introduced, Tony Angelo and Bill Atkin analysed the Act in conceptual terms and welcomed the change from a purely separate property regime to a community property system. It steered an acceptable middle course between competing demands. The Act operated as a deferred community property regime on separation, which was relatively simple and predictable for most couples. This paper analyses the changes made by the Property (Relationships) Amendment Act 2001 and concludes that it has changed the conceptual basis of the property sharing regime, but not in a coherent or principled manner. While the community property system is strenghened in some respects, it is weakened in other respects and overall it introduces an undesirable level of uncertainty and unpredictability.

scholarly journals “MONEY MATTERS”; DIVIDING BUSINESS INTERESTS ON DIVORCE OR DISSOLUTION: SPECIAL REFERENCE TO THE BUSINESS ENTITIES

2021 ◽  
Vol 29 ((S1)) ◽  
pp. 73-90
Author(s):  
Norliah Ibrahim ◽  
Zuhairah Ariff Abdul Ghadas ◽  
Roslina Che Soh
Keyword(s):  
Special Reference ◽  
Ownership Structure ◽  
Legal Issues ◽  
Additional Test ◽  
Business Interests ◽  
Personal Property ◽  
Relevant Case ◽  
Business Interest ◽  
Business Entities

In Malaysia, the contribution test is applied by both the Civil and Shariah courts to determine claims in business interest as matrimonial property. However, it is observed that different from claims on interest in personal property, the courts have to apply additional test other than the contribution test in determining claims of matrimonial property in business interest. This is because the ownership structure in business are different from ownership of personal property and highly dependents on types of the business entities.  Apart from analyzing the approaches adopted in the Malaysian courts in dividing business interest upon divorce or dissolution of marriage, this research also highlights the arising legal issues which may arise in respect of different business entities in which the business interest exists. This study was conducted primarily through a doctrinal study of existing literature such as articles, journals and the decision from the relevant case laws which was decided in both the Civil and Shariah courts. This research found that other than types of business entities, the interest of parties in business is also determined by the quantum of shareholding or contribution in the business.

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