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.

Business crimes at stake: Contemporary legal issues

2018 ◽  
Author(s):  
Asmah Laili Yeon ◽  
Haslinda Mohd Anuar ◽  
Mohammad Azam Hussain
Keyword(s):  
Dispute Resolution ◽  
Essential Elements ◽  
Legal Issues ◽  
Legal Requirements ◽  
Islamic Perspective ◽  
Business Operations ◽  
Current Growth ◽  
Business Entities ◽  
Dispute Resolution Mechanism ◽  
Legal Consequences

Compliance with legal requirements and avoidance of illegal business activities are essential elements to ensure the smooth running of any business. In contrast, ignorance may invite legal consequences and might harm the business operations. Considering the current growth of business activities, this book highlights contemporary legal issues in business activities, particularly involving criminal offences. Such offences might be committed by individuals or corporations. The knowledge on the business criminal offences is crucial to all parties and business entities. Hence, this book is published to impart knowledge to readers in this regard. The discussion covers the contemporary legal issues, the legal consequences as well as dispute resolution mechanism in handling selected business crimes. This book also highlights several business criminal offences from the Islamic perspective. Thus, the publication of this book will benefit the legal practitioners, academicians, students and all business entities.

scholarly journals Legal Issues Relating to Online Transaction: Special Reference to Children Product Safety in Malaysia

2019 ◽  
Vol 9 (3) ◽  
Author(s):  
Farhanin binti Abdullah Asuhaimi ◽  
Zuhairah Ariff Abd Ghadas ◽  
Nur Amani Pauzai ◽  
Khairun-Nisaa Asari ◽  
Nur Amani Pauzai
Keyword(s):  
Special Reference ◽  
Product Safety ◽  
Legal Issues

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 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. 

scholarly journals The Implication of Granting Righ to Build for Commanditaire Vennootschap (CV) based on Circular Letter of the Ministry of Agrarian Affairs and Spatial Planning / Head of National Land Agency Number2/SE-HT.02.01/VI/2019Concerning the Granting Right To Build for Commanditaire Vennootschap

2020 ◽  
Vol 7 (04) ◽  
pp. 5903-5909
Author(s):  
Mayang Bhumi Adjani ◽  
Albertus Sentot Sudarwanto
Keyword(s):  
Limited Liability ◽  
Legal Entity ◽  
Personal Property ◽  
Library Research ◽  
Circular Letter ◽  
Scientific Papers ◽  
Potential Risks ◽  
Business Entities ◽  
The Right ◽  
General Regulation

The study aimed to determine the implication and position of granting Right To Build status to the Commanditaire Venootschap based on Circular Letter 2/SE-HT.02.01/VI/2019 concerning the Granting Right To Build for Commanditaire Vennootschap (CV). In the implementation, circular letter has not been able to provide certainty and clear legal auspices regarding the CV that can apply for Right To Build (HGB). This study used a normative juridical research method, namely library research by collecting primary, secondary and tertiary legal materials such as books, legal scientific papers, other literature materials that explained the study to be discussed. Based on the result of the study, the position of the circular letter in the hierarchy of law and regulation, as well as the norms in it, the granting Right To Build for a CV was contrary to existing rules. Circular letter referred to the Basic Agrarian Law (UUPA) and Government Law (PP) No. 40/1996 is as the basis for granting the Right To Build for CV contrary to the law itself. CV cannot be compared to a legal entity. According to the author, the circular letter did not guarantee legal certainty because of the registration of the Right To Build for CV by mentioning on behalf of all allies in the CV personally (individuals), while the completeness documents in the name of CV. The implications of the circular letter can cause confusion and various potential risks. The CV cannot fulfill the elements as a legal entity, and the position of the circular letter was not in the hierarchy of statutory regulations because it was only limited to a technical guideline for a general regulation. If active and passive allies from a CV wanted to apply for land rights, it would be safer if an upgrade is made from a CV to a Limited Liability Company (PT). Additionally, it provided an opportunity for allies to be free from responsibility to personal property.  Related to the discussion of CV, it is better to have further study on the discussion of the Bill that regulates CV business entities in order to have a clear legal shade.  

scholarly journals IMPLEMENTASI UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 18 TAHUN 2013 TERHADAP PRAKTIK PEMBALAKAN LIAR (ILLEGAL LOGGING)

2021 ◽  
pp. 1231
Author(s):  
Angela Kezia ◽  
Angelica Monica Fortunata ◽  
Putri Claudia Victoria
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Forest Degradation ◽  
Legal Issues ◽  
Forest Monitoring ◽  
Deterrent Effect ◽  
Illegal Logging ◽  
The Law ◽  
Business Entities ◽  
Law And Legislation

This research was conducted with the aim of analyzing one area in Riau Province, precisely in Pekanbaru City, which experienced rapid forest degradation caused by illegal logging by criminals. This research was conducted using a normative approach that is related to the problems (legal issues) regarding illegal logging in Pekanbaru City. This type of approach focuses on the analysis of legal principles and theories of law and legislation that are appropriate and related to issues in legal research, and is carried out by examining secondary data in the form of books, journals, government publications related to the legal issues of this research. The results and discussion in this study regarding the implementation of the enactment of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction against individual legal subjects and business entities (corporations) that commit criminal acts in the area of Pekanbaru City. In terms of ensnaring the perpetrators of illegal logging, the existing policies are not sufficient to overcome the problem where the perpetrators of criminal acts are more sophisticated and the law enforcement against the perpetrators of criminal acts is low, so that it does not provide a deterrent effect for the perpetrators. In overcoming the problem, the participation of local communities in forest monitoring and management must be realized because it is not enough only with the law enforcement officers and in terms of regulations, specific regulations must be synchronized with general regulations so that they do not conflict with each other and create flaws in their application. Penelitian ini dilakukan dengan tujuan yaitu menganalisis salah satu wilayah di Provinsi Riau tepatnya di Kota Pekanbaru, yang mengalami degradasi hutan cukup cepat diakibatkan oleh pembalakan liar oleh para pelaku tindak pidana. Penelitian ini dilakukan dengan menggunakan pendekatan normatif yang bersangkut paut dengan pemasalahan (isu hukum) mengenai pembalakan liar di Kota Pekanbaru. Jenis pendekatan ini berupa analisis terhadap asas hukum dan teori hukum dan peraturan perundang undangan berkaitan dengan isu dalam penelitian hukum, dan dilakukan dengan cara meneliti data sekunder berupa buku, jurnal, publikasi pemerintah yang berkaitan dengan isu hukum penelitian ini. Hasil dan pembahasan dalam penelitian ini adalah mengenai implementasi Undang-Undang Nomor 18 Tahun 2013 tentang Pencegahan dan Pemberantasan Perusakan Hutan terhadap pelaku tindak pidana perseorangan maupun badan hukum (korporasi) di wilayah Kota Pekanbaru. Dalam hal menjerat pelaku pembalakan liar, kebijakan yang ada belum cukup untuk mengatasi permasalahan yang dimana pelaku tindak pidana lebih canggih serta rendahnya penegakkan hukum terhadap pelaku tindak pidana sehingga kurang memberikan efek jera bagi para pelaku. Dalam mengatasi permasalahan maka ikut andil masyarakat setempat dalam pengawasan dan pengelolaan hutan harus direalisasikan sebab tidaklah cukup hanya dengan aparat saja serta dalam hal peraturan, haruslah peraturan yang bersifat khusus disinkronisasikan terhadap peraturan yang bersifat umum agar tidak bertentangan antar satu sama lain dan menimbulkan celah dalam penerapannya.

Secured Transactions in Moveable Assets Act, Company Charges and Funding Micro, Small and Medium Enterprises under Nigerian Law

2020 ◽  
Vol 64 (1) ◽  
pp. 81-105
Author(s):  
Gregory Esangbedo
Keyword(s):  
Small And Medium Enterprises ◽  
Law System ◽  
Personal Property ◽  
Trade Law ◽  
International Trade Law ◽  
Secured Transactions ◽  
Responsible Lending ◽  
Business Entities ◽  
Medium Enterprises ◽  
The Impact

AbstractThe clamour for the reform of Nigeria's secured transactions’ law has culminated in the recent enactment of the Secured Transactions in Movable Assets Act to stimulate responsible lending to micro, small and medium enterprises (MSMEs), among other objectives. This article evaluates the impact of the act, in particular how it addresses the problems associated with the common law system that made it difficult for small business entities to access loans and other credit facilities. The article further examines the implications of the autonomy the act gives to companies to continue to grant charges pursuant to the old system. The author contends that, despite the act's obvious similarity to reformed systems of personal property security laws (reform now being championed by the UN Commission on International Trade Law), expectations of it meeting its key objective of stimulating credit to MSMEs may be misconceived.

scholarly journals TINJAUAN YURIDIS TERHADAP PERLINDUNGAN PEMODAL PLATFORM CROWDFUNDING KITABISA.COM

2020 ◽  
Vol 20 (1) ◽  
pp. 55
Author(s):  
Riski Pebru Ariyanti ◽  
Aprillaili Aya Tri Kartini ◽  
Selvi Wibriana Sari
Keyword(s):  
Information Technology ◽  
Financial Support ◽  
Legal Protection ◽  
Legal Issues ◽  
Mutual Cooperation ◽  
Business Interests ◽  
Equity Crowdfunding

<em>The advancement of information technology has given rise to innovative ways of obtaining financial support for social purposes as well as business interests. Fundraising is not only done conventionally through, but can also be done online, called crowdfunding. The idea of crowdfunding can be said to be in accordance with the culture of Indonesian society which emphasizes the principle of mutual cooperation, but legal issues that deserve to be studied relate to the protection of investors on crowdfunding platforms. The research used is included in normative juridical research using the statutory approach. The results of the study indicate that the protection of investors against crowdfunding platforms in Indonesia has been regulated in OJK Regulation No. 37 / POJK.04 / 2018 concerning Fund Disbursement Services through Technology-Based Share Offering. OJK Regulation No. 37 / POJK.04 / 2018 is a form of implementation of the supervisory function mandated in Law Number 21 of 2011. Legal protection provided to investors has a preventive nature because it contains substance about the obligations of crowdfunding organizers as well as penalties for mentioning sanctions. if there is a violation. As a new regulation issued at the end of 2018, the need for socialization related to the rules of fund services through the offering of information technology-based shares (equity crowdfunding).</em>

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