scholarly journals Research on the Perfection of Disregard of Corporate Personality in Enforcement

2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Pu Wang
Keyword(s):  
Company Law ◽  
Main Body ◽  
Judicial Interpretation ◽  
Legal Personality ◽  
Judicial Practice ◽  
The Common ◽  
The One ◽  
Disregard Of Corporate Personality ◽  
Corporate Personality ◽  
Personality System

China's current disregard of corporate personality system has several prominent problems in the mandatory enforcement procedures, such as different identification standards, difficulty in starting the enforcement procedures, and lack of supporting systems. Perfecting the application of the disregard of corporate personality system in the enforcement process can effectively alleviate the "execution difficulty" problem to a certain extent. In judicial practice, to solve the problem of difficult implementation of the main body of the company caused by the control of shareholders' abuse of the company's independent personality, on the one hand, it is necessary to improve China's company law and other related legal systems, formulate supporting standards, and incorporate the common circumstances of corporate legal personality denial into judicial interpretation. On the other hand, we should strictly grasp the scale in the execution procedure and deny the person who abuses the company's independent personality.

Research of Legislation and Practice for Piercing the Corporate Veil under New Companies Act in China

2012 ◽  
Vol 488-489 ◽  
pp. 1243-1247
Author(s):  
Guang Shu Gu
Keyword(s):  
Burden Of Proof ◽  
Limited Liability ◽  
Company Law ◽  
Judicial Interpretation ◽  
Judicial Practice ◽  
Corporate System ◽  
Legitimate Interests ◽  
Piercing The Corporate Veil ◽  
Corporate Personality

Pierce the corporate veil rules together with the company's independent personality constitutes a complete, rigorous corporate system. Pierce the corporate veil rules as part of a corporate system, and improve its position in the supplement, which is the balance between corporate interests of shareholders and creditors of the company's results. Pierce the corporate veil rules apply to particular legal relationship, it is by denying the company's independent personality behind the company investigated for abuse of corporate personality and limited liability of shareholders independent of the liability of shareholders. Make up the deficiencies inherent in the corporate system to protect the legitimate interests of creditors of the company. Pierce the corporate veil in order to achieve the value of the rules of fairness and justice, our country should be based on the theory from abroad. With China's judicial practice, judicial interpretation and give full play to the role of a typical case, a reasonable allocation of the burden of proof. Prudential rules applicable to pierce the corporate veil and do advance prevention. Try to avoid piercing the corporate veil applies the rules to further improve the new company law in China under the rule of piercing the corporate veil.

Corporate Personality

2021 ◽  
pp. 37-47
Author(s):  
Eva Micheler
Keyword(s):  
Third Parties ◽  
Company Law ◽  
Organizational Boundaries ◽  
Legal Personality ◽  
Corporate Form ◽  
Organizational Action ◽  
To Come ◽  
A Company ◽  
Corporate Personality

This chapter discusses how separate legal personality can be explained as a solution developed by company law to address the problem that organizations are social rather than brute facts. For a company to come into existence, certain documents need to be registered. These contain information that facilitates the interaction between the company and third parties. Registration as a company then gives an organization a public legal manifestation. The Companies Act does not limit the corporate form to organizational action. The corporate form can therefore be used for other purposes and organizational boundaries do not align with legal personality. But this does not undermine the observation that company law is designed for the operation of organizations.

scholarly journals General Partnerships and the Fiduciary Duty in the US Legal System

Pro Futuro ◽  
2021 ◽  
Vol 10 (4) ◽  
Author(s):  
Márta Plásztán-Brehószki
Keyword(s):  
Common Law ◽  
Civil Law ◽  
High Standard ◽  
Company Law ◽  
Fiduciary Duty ◽  
Agency Relationship ◽  
The Us ◽  
The Common ◽  
The Law ◽  
The One

The law of fiduciary duty is as old as common law. It is the key element of the law of equity. The agency relationship creates a fiduciary relationship between the parties, which means that the fiduciary (agent) is subject to the direction of the one on whose behalf he acts (principal). This high standard of conduct – in the scope of the agency relationship – has become a separate liability form in the common law countries and has appeared not only in company law but in other parts of civil law as well. This paper presents the development and the basic elements of fiduciary duty in the field of general partnerships.

scholarly journals The Issue of Judicial Law Making in Files of the Constitutional Meeting

2020 ◽  
Vol 12 ◽  
pp. 69-72
Author(s):  
Sergey A. Manzhosov ◽  
Keyword(s):  
Separation Of Powers ◽  
Common Law ◽  
Legal Certainty ◽  
Value Judgments ◽  
Historical Interpretation ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Common ◽  
The One ◽  
Law Making

Even outside of the common law countries, it is rarely denied that the doctrine of precedent which requires to treat like cases alike ensures the uniformity of judicial practice and thus promotes legal certainty. The main objections to it in Russian jurisprudence are usually associated with the principles of separation of powers and the independence of judges. The tension between these principles, on the one hand, and the principle of legal certainty, on the other, is recognized not only by opponents, but also by some adherents of this doctrine. As a result, all argumentation in this dispute inevitably takes the form of unprovable value judgments. The frame of the discussion around the doctrine of precedent could be significantly changed, in particular, by the results of the historical interpretation of the Constitution of the Russian Federation aimed at founding out the actual intention of its authors.

20. The derivative claim and the rule in Foss v Harbottle

Company Law ◽  
2018 ◽  
Author(s):  
Brenda Hannigan
Keyword(s):  
Majority Rule ◽  
Common Law ◽  
Company Law ◽  
Legal Personality ◽  
The Common

Shareholders' remedies are dominated by the rule in Foss v Harbottle. The rule is based on two fundamental principles of company law: respect for the separate legal personality of the company and the principle of majority rule. This chapter discusses the common law derivative claim; derivative claims under Companies Act 2006 (CA 2006), Part 11; corporate loss and reflective loss; personal actions at common law; and specific statutory rights under the CA 2006 581.

scholarly journals Structure of the small nuclear RNP particle U1: identification of the two structural protuberances with RNP-antigens A and 70K.

1992 ◽  
Vol 116 (4) ◽  
pp. 839-849 ◽  
Author(s):  
B Kastner ◽  
U Kornstädt ◽  
M Bach ◽  
R Lührmann
Keyword(s):  
Immune System ◽  
Immunoelectron Microscopy ◽  
The Other ◽  
Main Body ◽  
Functional Implications ◽  
U1 Snrnp ◽  
Specific Proteins ◽  
The Common ◽  
The One ◽  
Rnp Domain

We have investigated the structure of the small nuclear RNP (snRNP) U1 by combining EM of complete and partially protein-deficient particles with immunoelectron microscopy employing mAbs against known components of the U1 snRNP. It was found that the two main protuberances of this particle can be identified with the U1-specific proteins A and 70K. The 70K protuberance is the one lying closer to the 5' terminus of the snRNA, as identified by its 5'-terminal m3G cap. The round-shaped main body of U1 snRNP represents its core RNP domain containing the common snRNP proteins. Functional implications of these results are discussed. Our results may also point to the physical basis for the production of autoantibodies directed against specific groups of snRNP proteins. The physical grouping of the common proteins (Sm epitopes) and the specific proteins (RNP epitopes) could result in one or the other being presented to the immune system as is the case in patients suffering from SLE or MCTD, respectively.

scholarly journals Protection of Corporate Creditors’ Interests under Subscription System

2021 ◽  
Vol 3 (6) ◽  
pp. 187-191
Author(s):  
Hao Zhao
Keyword(s):  
System Design ◽  
Market Economy ◽  
Real World ◽  
The Real ◽  
Corporate Capital ◽  
Debt Repayment ◽  
Disregard Of Corporate Personality ◽  
Corporate Personality ◽  
Application Scope ◽  
Personality System

At the end of 2013, the reform of China’s corporate capital system established the full subscription system design. This reform, however, is far from ideal. It also introduces new issues, such as bogus companies, which have a new impact on the market economy. The reason for this is that it only eliminates the minimum registered capital and first capital contribution requirements, leaving other systems that are actually matched with the paid-in system unchanged, resulting in the old and new systems forcibly grafted together being unable to adapt to each other in practice. In the real world, such a corporate capital arrangement is certain to have issues. Given the company’s debt repayment problem, which is caused by the current full subscription system, it is advisable to establish and improve the company’s credit and information publicity system, appropriately expand the application scope of the disregard of corporate personality system, and constantly improve the company’s registered capital urging system, in order to ensure the enrichment of the company’s capital, better safeguard the interests of the company’s creditors, and avoid the company’s debt repayment problem.

3. Corporate personality

2021 ◽  
pp. 35-56
Author(s):  
Brenda Hannigan
Keyword(s):  
Fundamental Principle ◽  
Company Law ◽  
Legal Entity ◽  
Legal Personality ◽  
Corporate Groups ◽  
House Of Lords ◽  
Parent Companies ◽  
Corporate Personality ◽  
Do So

This chapter discusses the concept of corporate legal personality. This fundamental principle of company law—that the company on incorporation becomes a separate legal entity in its own right—was established by the House of Lords in Salomon v Salomon & Co Ltd. The Salomon principle and its consequences for individual companies and for groups of companies are considered. In limited circumstances, the court may disregard or pierce or lift the corporate veil and the narrow jurisdiction to do so is explained. The chapter also considers corporate groups in the light of Salomon, particularly with regard to the liability of parent companies for the actions of subsidiary companies.

THE EU SUGAR MARKET PROFILE AND ITS MAIN DRIVERS

2015 ◽  
Author(s):  
Lubos SMUTKA ◽  
Irena BENEŠOVÁ ◽  
Patrik ROVNÝ ◽  
Renata MATYSIK-PEJAS
Keyword(s):  
Market Failure ◽  
Current System ◽  
Quota System ◽  
Considerable Debate ◽  
Sugar Market ◽  
The Common ◽  
The One ◽  
Production Capacities ◽  
The Given ◽  
The Eu

Sugar is one of the most important elements in human nutrition. The Common Market Organisation for sugar has been a subject of considerable debate since its establishment in 1968. The European agricultural market has been criticized for its heavy regulations and subsidization. The sugar market is one of the most regulated ones; however, this will change radically in 2017 when the current system of production quotas will end. The current EU sugar market changed is structure during the last several decades. The significant number of companies left the market and EU internal sugar market became more concentrated. The aim of this paper is presentation characteristics of sugar market with respect to the supposed market failure – reduction in competition. The analysis also identifies the main drivers and determinants of the EU especially quota sugar market. In relation to paper’s aim the following results are important. The present conditions of the European sugar market have led to market failure when nearly 75 % (10 million tonnes) of the quota is controlled by five multinational companies only. These multinational alliances (especially German and French one) are also taking control over the production capacities of their subsidiaries. In most countries, this causes serious problems as the given quota is controlled by one or two producers only. This is a significant indicator of market imperfection. The quota system cannot overcome the problem of production quotas on the one hand and the demand on the other; furthermore, it also leads to economic inefficiency. The current EU sugar market is under the control of only Sudzucker, Nordzucker, Pfeifer and Langen, Tereos and ABF.

The concept of motivation for effective credit risk management

2020 ◽  
Vol 26 (11) ◽  
pp. 2567-2593
Author(s):  
M.V. Pomazanov
Keyword(s):  
Risk Management ◽  
Economic Modeling ◽  
Type I ◽  
Credit Risk Management ◽  
Curve Modeling ◽  
Business Functions ◽  
The Common ◽  
Lending Decisions ◽  
The One

Subject. The study addresses the improvement of risk management efficiency and the quality of lending decisions made by banks. Objectives. The aim is to present the bank management with a fair algorithm for risk management motivation on the one hand, and the credit management (business) on the other hand. Within the framework of the common goal to maximize risk-adjusted income from loans, this algorithm will provide guidelines for ‘risk management’ and ‘business’ functions on how to improve individual and overall efficiency. Methods. The study employs the discriminant analysis, type I and II errors, Lorentz curve modeling, statistical analysis, economic modeling. Results. The paper offers a mechanism for assessing the quality of risk management decisions as opposed to (or in support of) decisions of the lending business when approving transactions. The mechanism rests on the approach of stating type I and II errors and the corresponding classical metric of the Gini coefficient. On the ‘business’ side, the mechanism monitors the improvement or deterioration of the indicator of changes in losses in comparison with the market average. Conclusions. The study substantiates the stimulating ‘rules of the game’ between the ‘business’ and ‘risk management’ to improve the efficiency of the entire business, to optimize interactions within the framework of internal competition. It presents mathematical tools to calculate corresponding indicators of the efficiency of internally competing entities.

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