scholarly journals COMMANDITER FELLOWSHIP IN COMMERCIAL LAW

2020 ◽  
Vol 18 (2) ◽  
pp. 296-313
Author(s):  
Prasasti Dyah Nugraheni
Keyword(s):  
Economic Activity ◽  
Legal Status ◽  
Rapid Development ◽  
Secondary Data ◽  
Legal Rule ◽  
Dissolution Process ◽  
Commercial Law ◽  
Legal Entity ◽  
Banking Institutions ◽  
Business Entities

Economic activity in the country of Indonesia experienced very rapid development. This can cause the emergence of a problem that exists in the community. Vice versa, a legal entity in carrying out its business activities also requires money. One of the business entities is Commander Association. A Commander Association is a form of business that is not a legal entity. A Commander Association in carrying out its business activities gets capital through loans from banking institutions and from non-banking institutions with a certain guarantee. This journal is written using a normative juridical method because this journal uses secondary data that is used as a tool to collect data. Therefore, the journal that is written will explain about a Commissioner Alliance in commercial law. The main problem in this journal is more focused on explaining the meaning of business entity, forms of business entity, understanding of Communist Alliance, process of establishing Communist Fellowship, responsibility of allied parties of Commander Association, forms of Commander Association, legal status of Commissioner Alliance, and dissolution process of Commissioner Alliance. This is because there is no legal rule that specifically regulates a form of business entity in the form of the Commander Association.  

Incomplete Organizations

2020 ◽  
pp. 199-232
Author(s):  
Henry Hansmann ◽  
Reinier Kraakman ◽  
Richard Squire
Keyword(s):  
The State ◽  
Commercial Law ◽  
Legal Entity ◽  
Business Corporation ◽  
Modern Business ◽  
The Republic ◽  
Business Entities ◽  
Insolvency Proceedings ◽  
Personal Assets ◽  
Asset Partitioning

This chapter analyzes ancient Rome’s law of business entities from the perspective of asset partitioning, the delimiting of creditor collection rights based on the distinction between business assets and personal assets. Asset partitioning, which is an essential legal attribute of modern business forms such as the partnership and the business corporation, reduces borrowing costs by simplifying credit-risk assessment and expediting insolvency proceedings. The chapter finds that ancient Roman business arrangements, such as the societas and the slave-run business endowed by the slaveowner with a peculium, did not give business creditors the first claim to business assets, making these forms of organization non-entities according to the criterion of asset partitioning. It appears that the only true legal entity used to form profit-seeking firms was the societas publicanorum, which roughly resembled the modern limited partnership. But use of that form was generally confined to firms that provided public services under contract with the state. Moreover, the societas publicanorum was essentially a creature of the Republic, and was largely abandoned during the Empire. Although Rome had a complex economy and sophisticated commercial law, and was familiar with most of the types of asset partitioning seen in modern legal systems, it ultimately failed to develop legal entities for general use in commerce. Apparent reasons include the Roman aristocracy’s disparagement of commerce, the emperors’ wariness of strong organizations outside the state, and the society’s continuing reliance on the family—a durable and complex legal entity in its own right—to handle many commercial needs.

scholarly journals The use of the term compliance in order to improve the efficiency of companies

2021 ◽  
Vol 118 ◽  
pp. 04010
Author(s):  
Ilya Samatovich Iksanov ◽  
Elena Pavlovna Panova ◽  
Natalia Nikolaevna Frolova ◽  
Natalia Yuryevna Filimonova ◽  
Andrey Aleksandrovich Shanin
Keyword(s):  
Economic Activity ◽  
Structural Elements ◽  
State Control ◽  
Compliance Control ◽  
Legal Entity ◽  
Commercial Activities ◽  
Business Entities ◽  
Definition Of

The purposes of the study are: to reveal the meaning of the term “compliance”; to define the use of the term “compliance” in the Russian environment; to determine how the term “compliance” functions in Russian legislation; to find out what different definitions, functions, and scope of use of compliance can be found in the legal field. The article discusses the importance of compliance in various fields: legal, economic, and management. In Russian legislation, the definition of the term “compliance” is not disclosed or applied more locally. Based on the Russian and Western definitions of the concept, this article offers an interpretation of the “compliance” definition. The article analyzes compliance procedures that should not only monitor compliance with current legislation, but also act as a risk-oriented model and take into account factors that affect the implementation of any type of economic activity. In order to reduce possible business risks and comply with legislation on the part of organizations, and to address the issue of responsibility of entrepreneurs on the part of state control and Supervisory authorities, it is necessary to implement a compliance system. The main principles for implementing compliance control are also highlighted. Compliance control should apply not only to a legal entity and its structural elements, but also to a group of individuals. The implementation of compliance control is important not only for business entities, but also for state control and Supervisory organizations, since compliance control allows you to determine the integrity of a business in carrying out its commercial activities, and is also a mitigating circumstance in determining responsibility and punishment.

ANALISIS PENGARUH KECUKUPAN MODAL (CAR), LIKUIDITAS (FDR) TERHADAP PROFITABILITAS PADA BANK MUAMALAT (Periode 2016-2020)

2021 ◽  
Vol 5 (1) ◽  
pp. 38-53
Author(s):  
Ajeng Febri Setyarini ◽  
Muhammad Iqbal Fasa ◽  
Suharto Suharto
Keyword(s):  
Quantitative Research ◽  
Secondary Data ◽  
Complex Problem ◽  
Capital Adequacy ◽  
Liquidity Management ◽  
The Public ◽  
Capital Adequacy Ratio ◽  
Banking Institutions ◽  
Business Entities ◽  
Operational Activities

Banking institutions are one of the activator of a country's economy, namely business entities that collect funds from the public in the form of deposits and channel them back to the public in the form of credit. Efficient and optimal fund collection and distribution conducted by banks will be in line with the main objective of banking, namely achieving a level of profitability. Therefore, banks need to maintain profitability in order to remain stable or even increase. Return on Asset (ROA) is used as a proxy in measuring the profitability of a bank. A fairly complex problem in bank operational activities is liquidity management, due to the existence of funds managed by banks, most of which are short-term funds obtained from the public and can be withdrawn at any time. The purpose of this study is to obtain findings regarding the effect of capital adequacy ratio (CAR) and liquidity on profitability . The research method is to use quantitative research with secondary data, namely where the data that has been published with data collection using documentation techniques and analysis techniques using explanatory research methods. The results showed that capital adequacy ratio (CAR) and liquidity partially had a positive and insignificant effect on profitability while simultaneously had a significant effect on profitability.

scholarly journals INTERACTION OF INTERNET ENTERPRISES WITH CONSUMERS OF GOODS AND SERVICES IN MODERN CONDITIONS OF GLOBAL CHALLENGES

2021 ◽  
Author(s):  
Kateryna Nikitenko
Keyword(s):  
Information And Communication Technologies ◽  
Economic Activity ◽  
Public Awareness ◽  
Rapid Development ◽  
Business Environment ◽  
Necessary Condition ◽  
Electronic Business ◽  
Goods And Services ◽  
Business Transactions ◽  
Business Entities

The modern development of economic relations, their global nature on the one hand, and the development of information and communication technologies, on the other, have led to the emergence of a specific form of these relations - electronic business and e-commerce. Market entities quickly master new opportunities for organizing business communications and are actively involved in the electronic business environment. This leads to the fact that access to information technologies becomes not just a competitive advantage, but a necessary condition for the functioning of market entities. However, despite the rapid development of electronic business communications, there are a large number of problems that hinder the integration of the national economy into the global economic electronic space. Large Ukrainian corporations with significant export volumes and extensive foreign economic ties simply cannot afford to stay outside the space of the modern world market, in which its electronic part is beginning to account for an increasing share. Large sales volumes allow, even if a small part of the manufactured products is sold at the first stages, to ensure the economic efficiency of their electronic platforms. It has been established that e-commerce is a type of economic activity, the essence of which is to carry out various business transactions between business entities, business activities in cyberspace, ie the use of the Internet and other interactive functions. The development of e-commerce is becoming increasingly important in the context of globalization of economic processes, due to the possibility of achieving a global presence and economic activity worldwide, global choice of goods and services regardless of geographical location, optimization of trade flows, reducing costs for servicing the operation, which, in turn, leads to lower prices, the emergence of new goods and services (remote banking, insurance, brokerage services). Unfortunately, in Ukraine, the field of e-commerce is inferior to many developing countries, primarily due to the high level of distrust and low public awareness of the e-business sector, insufficient level of modernization of information and telecommunications technologies. Today in Ukraine, the segments of e-commerce - business-to-business (B2B) and business-to-consumer (B2C) are the most developed and represent, respectively, the sphere of concluding electronic business transactions between business entities. The article examines the reasons why the potential of e-commerce in Ukraine is not fully realized and the main factors of the growth of Internet commerce in the country.

scholarly journals MENGELABORASI HUKUM POSITIF TERTULIS INDONESIA MENGATUR STARTUP

2021 ◽  
pp. 1253
Author(s):  
Stephanie PD ◽  
Natasha OA ◽  
Enjelina S ◽  
Ahmad Redi
Keyword(s):  
Government Regulation ◽  
Rapid Development ◽  
Secondary Data ◽  
Qualitative Approach ◽  
Trading System ◽  
Online System ◽  
Electronic Transactions ◽  
New Business ◽  
The Government ◽  
Business Entities

The term startup emerged at the end of the 90s between 1998 and 2000. Many new business entities in the field of information technology have emerged using websites as a means of supporting their business. A business entity built to penetrate the market with rapid development. In 2021 in Indonesia, there will be 1 decacorn startup, namely Gojek and 7 unicorn startups, namely Tokopedia, Grab, Traveloka, OVO, Bukalapak, J&T Express and Lazada. According to Startup Ranking (www.startupranking.com) data, the number of Indonesian startups ranks 5th in the world at around 2,274. This study aims to understand the Indonesian laws and regulations governing startup businesses and the obstacles faced by startup entrepreneurs in starting and running their business activities. Using normative research methods that focus on secondary data. The nature of this research is descriptive by using a qualitative approach to get the symptoms from being studied. The results of this study explain that startup companies to be able to operate legally must comply with the provisions of Law no. 19/2016 which replaced Law No. 11/2008 concerning “Information and Electronic Transactions”. Law no. 7/2014 concerning Trade, Presidential Regulation No.74/2017 concerning “Electronic-Based National Trading System Roadmap”. The legal breakthrough made by the government is to stipulate Government Regulation no. 20/2019 regarding trading through the online system. The obstacles faced by startups are not registering their business licenses, not paying taxes, forgetting to register intellectual property rights, ignoring the rights and legality of employees. Istilah startup muncul di penghujung era 90-an antara 1998 sampai 2000. Banyak bermunculan badan usaha baru bidang teknologi informasi dengan menggunakan website sebagai sarana pendukung bisnisnya. Suatu badan usaha yang dibangun untuk melakukan penetrasi pasar dengan perkembangan dalam waktu yang cepat. Pada 2021 di Indonesia tercatat ada 1 startup decacorn yaitu Gojek dan 7 startup unicorn, yaitu Tokopedia, Grab, Traveloka, OVO, Bukalapak, J&T Express dan Lazada. Menurut data Startup Ranking (www.startupranking.com) jumlah startup Indonesia terbanyak urutan ke 5 dunia sekitar 2.274. Penelitian ini bertujuan untuk memahami peraturan perundang-undangan Indonesia mengatur usaha startup dan hambatan yang dihadapi pengusaha startup dalam memulai dan menjalankan kegiatan usahanya. Menggunakan metode penelitian normatif yang fokus pada data sekunder. Sifat dari penelitian ini deskriptif dengan menggunakan pendekatan kualitatif untuk mendapatkan gejala- gejala dari yang diteliti. Hasil penelitian ini menjelaskan Perusahaan startup untuk bisa beroperasi secara legal harus memenuhi aturan Undang-Undang No. 19/2016 yang mengganti Peraturan UU No.11/2008 perihal “Informasi dan Transaksi Elektronik”. Aturan perundang-undangan No.7/2014 membahas “Perdagangan”, Peraturan Presiden No.74/2017 perihal “Peta Jalan Sistem Perdagangan Nasional Berbasis Elektronik”. Terobosan hukum yang dilakukan pemerintah yaitu menetapkan Peraturan Pemerintah No. 20/2019 perihal perdagangan melalui sistem online. Kendalanya yang dihadapi startup tidak mendaftarkan ijin bisnisnya, tidak membayar pajak, lupa mendaftarkan HAKI, mengabaikan hak juga legalitas karyawan. 

STRATEGI PRODUK BORDIR DI KAPALO KOTO, KOTO TANGAH SIMALANGGANG, KOTA PAYAKUMBUH (Studi Kasus di Usaha Bordir Limpapeh”s Kebaya)

2019 ◽  
Vol 8 (1) ◽  
pp. 111
Author(s):  
Riris Susiani ◽  
Ernawati Ernawati
Keyword(s):  
Rapid Development ◽  
Secondary Data ◽  
Export Market ◽  
Product Strategy ◽  
Analysis Techniques ◽  
Product Service ◽  
Qualitative Descriptive ◽  
The Subject ◽  
The Times ◽  
Descriptive Method

AbstrakMasalah dalam penelitian ini yaitu pentingnya strategi produk dalam menjalankan sebuah usaha agar mampu bertahan dan bersaing  dengan perusahaan lain yang sejenis dalam kondisi persaingan yang ketat dan perkembangan zaman yang sangat cepat. Strategi produk sangat diperlukan dalam mememenuhi tuntutan konsumen seperti meningkatkan kualitas, menciptakan merek, pelayanan serta jaminan terhadap produk yang ditawarkan agar usaha mampu berkembang. Limpapeh”s Kebaya adalah usaha yang sedang berkembang dan telah mampu memasarkan produk bordirnya hingga menembus pasar ekspor. Penelitian ini bertujuan untuk mendeskripsikan strategi produk bordir di Limpapeh”s Kebaya, Kapalo Koto, Koto Tangah Simalanggang, Kota Payakumbuh. Metode penelitian menggunakan metode deskriftif kualitatif, jenis data berupa data primer dan  sekunder. Teknik pengumpulan data melalui observasi, wawancara dan dokumentasi. Teknik analisis data dilakukan dengan teknik analisa model interaktif yang berkaitan dengan pokok permasalahan yaitu dengan model reduksi data, penyajian data dan pengambilan kesimpulan. Hasil penelitian yaitu strategi produk yang dilakukan di Limpapeh”s Kebaya adalah dimulai dari menciptakan produk bordir yang berkualitas, desain motif bordir yang up to date dan kreatif, menyediakan ukuran yang special, memberi merek pada produk bordir, memberi kemasan yang menarik (paperbag) dan serbaguna, pelayanan yang cepat, tepat dan ramah serta pemberian jaminan terhadap produk border.Kata Kunci: strategi produk, pelayanan, bordir. AbstractThe problem in this study is the importance of product strategy in running a business in order to be able to survive and compete with other similar companies in conditions of intense competition and very rapid development of the times. Product strategy is very necessary in fulfilling consumer demands such as improving quality, creating brands, services and guarantees for products offered so that businesses are able to grow. Limpapeh's Kebaya is a growing business and has been able to market its embroidery products to penetrate the export market. This study aims to describe the strategy of embroidery products in Limpapeh's Kebaya, Kapalo Koto, Koto Tangah Simalanggang, Payakumbuh City. The research method uses qualitative descriptive method, the type of data in the form of primary and secondary data. The technique of collecting data through observation, interviews and documentation. Data analysis techniques are carried out with interactive model analysis techniques that are related to the subject matter, namely with a model of data reduction, data presentation and conclusion. The results of the research, namely the product strategy carried out at Limpapeh's Kebaya, are started from creating quality embroidery products, up-to-date and creative embroidery motifs, providing special sizes, giving brands to embroidery products, giving attractive packaging (paperbag) and versatile, fast, precise and friendly service and guarantee of embroidery products. Keywords: product, service, embroidery strategy.

The Legal Status of a Company after Decision on Its Liquidation

2021 ◽  
Vol 10 (1-2) ◽  
pp. 138-152
Author(s):  
Viktoriia O. Khomenko ◽  
Leonid V. Efimenko ◽  
Valentyna A. Vasilyeva
Keyword(s):  
Market Economy ◽  
Legal Status ◽  
Court Decision ◽  
Entrepreneurial Activity ◽  
Legal Entity ◽  
State Register ◽  
Legal Position ◽  
Main Factors ◽  
A Company ◽  
Made In

Abstract Entrepreneurial activity is one of the main factors in the development of the market economy of the state, the internal and external markets of Ukraine and innovative industries. Therefore, the main purpose of this article is to analyse the peculiarities of the legal position of a company after a decision has been made to terminate it. It is established that the liquidation of legal entities is performed without the transfer of the rights and obligations of the liquidated enterprise to other persons, i.e. without succession. Upon liquidation of the enterprise, its rights and obligations are terminated. The current civil legislation does not provide for the limitation of the powers of the liquidation commission in cases of liquidation based on a court decision. It is argued that the liquidation commission be terminated when an entry on termination of the activity of a legal entity is made in the unified state register.

NATURAL RESOURCES AND RENTAL PAYMENTS: DIFFERENTIATION OF THE CONCEPTS

2020 ◽  
pp. 35-40
Author(s):  
Galina Titarenko ◽  
Oleksandra Titarenko
Keyword(s):  
Natural Resource ◽  
Economic Activity ◽  
General Nature ◽  
Economic Management ◽  
Resource Rent ◽  
Tax Legislation ◽  
The Difference ◽  
Business Entities ◽  
National Tax ◽  
Favorable Conditions

In the article the issue of concepts of natural resource rent and rent payment differentiation is actualized. It is stated that rent payment can be considered only that payment, which is made from entrepreneurial profit in the amount, which is caused by the difference between its normal level and surplus. The main criteria for rent payment are the following: it is shown as part of the entrepreneur's income. If you do not expect to receive entrepreneurial income, then such a payment can not be considered as rent. Then it is only a payment for the use of a resource in an economic activity, that is, a fee (formed at a cost approach or as a result of market equilibrium mechanisms) or a levy (quasi-fiscal fiscal payment of a permissive nature, that is, a fiscal levy), or a license fee for the use of a resource; it is paid not for the fact of using the resource in economic activity, but for receiving excess entrepreneurial income for the labor and capital expended because of more favorable conditions than other entrepreneurs. If there is no such excess profit, then the rent payment cannot be considered as it does not have an excess, rent component. It is noted that the rent payment today is a payment for the use of the resource or property rights tax, instead of fully removing the rent from the user's income. It is pointed out the need to revise the terminology used in the tax legislation, to clearly distinguish between concepts and, accordingly, fiscal instruments, such as: the fee for the special use of the resource, which is compensatory, compensatory and unconditionally paid by the natural resource for the involvement of the natural resource in its economic management and use economic purposes; the object of taxation is actually the resource (its quality, quantity), and the fact that determines the fiscal obligation is the exploitation of the resource by the user; tax, which is of a general nature and is paid by the owner of the taxable resource, whether or not the resource is used in business and income generation; rent (payment), which should be deducted from entrepreneurial profits in order to remove the income earned by an entrepreneur from his or her certain advantages over other entrepreneurs of the industry or business sector due to more favorable conditions than other business entities. Amendments to the national tax legislation need to be made to clearly define the terminology and appropriate mechanisms for applying these fiscal instruments in the economic activity of the state, which will, on the one hand, effectively tax property and apply a mechanism for levying resources to offset environmental costs, and the other is to fully remove from the entrepreneurs the rents they have earned for government purposes.

The Prosecutor in Arbitration: A Historical Perspective

2021 ◽  
Author(s):  
E.V. Kolesnikov ◽  
Keyword(s):  
Economic Activity ◽  
Present Stage ◽  
Society Business ◽  
Economic Relations ◽  
Legal Norms ◽  
Stage Of Development ◽  
Legitimate Interests ◽  
The Subject ◽  
Business Entities ◽  
Degree Of Participation

The subject of the study is a retrospective of the legal norms formation. Under these norms the prosecutor will be able to govern the issues of ensuring the legitimate interests of the state, society, business entities and the rights of citizens in resolving disputes in the field of economic activity. Chronological framework of research includes the period from the establishment of prosecutor's office in 1722 up to the collapse of USSR in 1991. The relevant legislation is analyzed. The author examines the scope of prosecutor powers in this sphere at different stages of formation and development of prosecution, and reveals the problems of determining the prosecutor's office place in the system of existing at that time bodies of state power. It is concluded that the prosecution authorities, since their creation in Russia and up to the present stage of development, taking a greater or lesser degree of participation in the resolution of disputes in the sphere of economic activity, played a significant role in the protection of exclusively state interests. The interests of society, business entities and citizens in the sphere of economic activity if there is a dispute were considered only through the prism of such interests. The hierarchy of interests of participants of economic activity in dispute resolution was unbalanced and built without taking into account the interests of all participants of economic relations.

ECONOMIC AND LEGAL STATUS OF THE CONSULTING ENGINEER IN UKRAINE: REGULATORY PROBLEMS

2017 ◽  
Author(s):  
Alla Brovdii ◽  
Keyword(s):  
Economic Activity ◽  
Legal Status ◽  
Road Construction ◽  
Legal Aspects ◽  
Legal Form ◽  
Employment Contracts ◽  
Economic Relations ◽  
Definition Of ◽  
The Right

Some aspects of the economic and legal status of a consulting engineer are analyzed, taking into account the specifics of national legislation. Some problems of the legal status of the consulting engineer and the forms of his economic activity are revealed. The introduction of such an entity as a consulting engineer in the modern conditions of construction development is of particular importance due to the need to improve the quality of construction work, the development of competition in this area and the need to change approaches to economic activity in this area. It is established that the concept of consulting engineer is defined in some special regulations, in particular, regulating activities in the field of road construction, but the economic and legal aspects of his business remain unresolved. This significantly affects the effectiveness of the introduction of the institute of consulting engineers in the field of management. The problem of lack of clear definition of the form of conducting economic activity by the specified participant of economic relations is revealed. The necessity of adopting a special normative legal act, namely the Law of Ukraine "On the activities of consulting engineers", in which to regulate general issues of their legal status, features of the organization of its activities, responsibilities, etc is proved. The author's definition of the concept of consulting engineer is proposed, taking into account the need to establish the organizational and legal form of his business, which will ensure proper regulation of relations between him and other participants in construction relations, including contractors and customers. The solution of some problems of the economic and legal status of the consulting engineer under the legislation of Ukraine is offered. The expediency of conducting the activity of a consulting engineer as a self-employed person, or carrying out its activity by creating a legal entity (association of consulting engineers) is substantiated. In addition, in our opinion, an entity that carries out engineering activities and has concluded employment contracts with duly accredited consulting engineers has the right to provide the services of a consulting engineer.

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