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The evolution of legal business forms in Europe and the United States: venture capital, joint venture and partnership structures
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ISBN: 9041120572 Year: 2003 Publisher: The Hague Kluwer Law International


Article
Beneficial Ownership and Control : A Comparative Study - Disclosure, Information and Enforcement
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Year: 2013 Publisher: Paris : OECD Publishing,

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Investor confidence in financial markets depends in large part on the existence of an accurate disclosure regime that provides transparency in the beneficial ownership and control structures of publicly listed companies. This is particularly true for corporate governance systems that are characterised by concentrated ownership. On the one hand, large investors with significant voting and cash-flow rights may encourage long-term growth and firm performance. On the other hand, however, controlling beneficial owners with large voting blocks may have incentives to divert corporate assets and opportunities for personal gain at the expense of minority investors.The paper focuses particularly on the misuse of corporate vehicles, which arguably poses a major challenge to good corporate governance. Stakeholder rights (e.g. employees and creditors) cannot be properly exercised if ultimate decision- be identified. The accountability of the board may also be seriously endangered if stakeholders and the general public are unaware of decision-making and ultimate control structures. Finally, regulators and supervisory agencies have a strong interest in knowing beneficial owners – in order to determine the origin of investment flows, to prevent money laundering and tax evasion and to settle issues of corporate accountability.


Article
Beneficial Ownership and Control : A Comparative Study - Disclosure, Information and Enforcement
Author:
Year: 2013 Publisher: Paris : OECD Publishing,

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Investor confidence in financial markets depends in large part on the existence of an accurate disclosure regime that provides transparency in the beneficial ownership and control structures of publicly listed companies. This is particularly true for corporate governance systems that are characterised by concentrated ownership. On the one hand, large investors with significant voting and cash-flow rights may encourage long-term growth and firm performance. On the other hand, however, controlling beneficial owners with large voting blocks may have incentives to divert corporate assets and opportunities for personal gain at the expense of minority investors.The paper focuses particularly on the misuse of corporate vehicles, which arguably poses a major challenge to good corporate governance. Stakeholder rights (e.g. employees and creditors) cannot be properly exercised if ultimate decision- be identified. The accountability of the board may also be seriously endangered if stakeholders and the general public are unaware of decision-making and ultimate control structures. Finally, regulators and supervisory agencies have a strong interest in knowing beneficial owners – in order to determine the origin of investment flows, to prevent money laundering and tax evasion and to settle issues of corporate accountability.


Book
Corporate governance of non-listed companies
Authors: ---
ISBN: 9780199203406 0199203407 Year: 2008 Publisher: Oxford Oxford University Press


Book
Disclosure of Beneficial Ownership after the Panama Papers
Authors: ---
Year: 2016 Publisher: Washington, D.C. : The World Bank,

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Publication of the so-called 'Panama Papers' focused public interest on how certain politicians, celebrities, and other elites may have used elaborate corporate structures and offshore tax havens to conceal their beneficial ownership of companies and obscure their personal assets. Rather than taking the Panama Papers as an indication of the need for more and stricter disclosure and reporting rules, this paper advocates an alternative approach. We need to start by acknowledging that many companies are currently experiencing "disclosure and reporting fatigue", in which the constant demand for 'more' and 'better' transparency and reporting is having the unintended effect of promoting indifference or evasiveness. The practice of disclosure and reporting is widely perceived as an obligation to be fulfilled and not as an opportunity to add value to a firm. This is confirmed by the findings of an empirical study conducted by the authors of this paper that examines how disclosure rules operate in practice across various jurisdictions. The key takeaway of the study is that-even in jurisdictions that have a robust disclosure regime-the majority of firms engage in 'grudging' or 'boilerplate' compliance, in which ownership and control structures are not adequately revealed in an accessible way and, perhaps more importantly, the impact of these ownership and control structures on the governance of a company is obscured. In this paper the authors advocate an approach based on the current communication strategy of a minority of firms in their sample-firms that engage in what the authors characterize as 'open communication.' These firms present information on control structures-and their effect on governance-in a direct, accessible, and highly personalized manner. Such firms seem to recognize the commercial and other strategic benefits to be gained from open communication. The paper explores the implications of such an approach for both business and regulators.


Book
The evolution of legal business forms in Europe and the United States

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Book
Private company law reform: international and European perspectives
Authors: --- ---
ISBN: 9789067042512 906704251X Year: 2010 Publisher: The Hague TMC Asser Press


Multi
Organizing-for-Innovation : Corporate Governance in a Digital Age
Authors: --- --- ---
ISBN: 9789811972348 9789811972331 9789811972355 9789811972362 Year: 2023 Publisher: Singapore Springer Nature

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This book argues that large corporations need to implement governance practices and processes that make them better innovators and that the challenge is to identify organizational principles and practices that provide the best chance of delivering innovative products to create a meaningful consumer experience. In this context, it is important to recognize that when we address organizational forms, we are not thinking of corporate governance in the sense of managing agency costs and ensuring regulatory compliance, but the more pressing business task of putting in place organizational systems and processes that facilitate value creation through continued and sustained innovation. The book examines how the contemporary concept and discourse of corporate governance may be obsolete or, at least, is increasingly disconnected from the needs and realities of the most innovative firms today. The concept of organizing for innovation-identifying process and practices that deliver the best opportunities for innovation-needs to take centre stage. This book aims to contribute to the nascent debate in this area by bringing together a series of chapters that examine various issues related to organizing for innovation.


Book
Alternative investment fund industry in China : essays on the positioning and developments under the overarching governmental influence
Authors: --- --- ---
Year: 2015 Publisher: Tilburg

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Book
Legal Tech and the New Sharing Economy
Authors: --- --- --- ---
ISBN: 9811513503 981151349X Year: 2020 Publisher: Singapore : Springer Nature Singapore : Imprint: Springer,

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The exponential growth of disruptive technology is changing our world. The development of cloud computing, big data, the internet of things, artificial intelligence, machine learning, deep learning, and other related autonomous systems, such as self-driving vehicles, have triggered the emergence of new products and services. These significant technological breakthroughs have opened the door to new economic models such as the sharing and platform-based economy. As a result, companies are becoming increasingly data- and algorithm-driven, coming to be more like “decentralized platforms”. New transaction or payment methods such as Bitcoin and Ethereum, based on trust-building systems using Blockchain, smart contracts, and other distributed ledger technology, also constitute an essential part of this new economic model. The sharing economy and digital platforms also include the everyday exchange of goods allowing individuals to commodify their surplus resources. Information and innovation technologies are used in order to then match these resources with existing demand in the market. Online platforms such as Airbnb, Uber, and Amazon reduce information asymmetry, increase the value of unused resources, and create new opportunities for collaboration and innovation. Moreover, the sharing economy is playing a major role in the transition from exclusive ownership of personal assets toward access-based exploitation of resources. The success of online matching platforms depends not only on the reduction of search costs but also on the trustworthiness of platform operators. From a legal perspective, the uncertainties triggered by the emergence of a new digital reality are particularly urgent. How should these tendencies be reflected in legal systems in each jurisdiction? This book collects a series of contributions by leading scholars in the newly emerging fields of sharing economy and Legal Tech. The aim of the book is to enrich legal debates on the social, economic, and political meaning of these cutting-edge technologies. The chapters presented in this edition attempt to answer some of these lingering questions from the perspective of diverse legal backgrounds. .

Keywords

Technology and law. --- Law and technology --- Law --- Mass media. --- Law. --- Law—Philosophy. --- Private international law. --- Conflict of laws. --- International law. --- Trade. --- Management information systems. --- Management. --- Industrial management. --- IT Law, Media Law, Intellectual Property. --- Theories of Law, Philosophy of Law, Legal History. --- Private International Law, International & Foreign Law, Comparative Law . --- International Economic Law, Trade Law. --- Business IT Infrastructure. --- Innovation/Technology Management. --- Business administration --- Business enterprises --- Business management --- Corporate management --- Corporations --- Industrial administration --- Management, Industrial --- Rationalization of industry --- Scientific management --- Management --- Business --- Industrial organization --- Administration --- Industrial relations --- Organization --- Computer-based information systems --- EIS (Information systems) --- Executive information systems --- MIS (Information systems) --- Sociotechnical systems --- Information resources management --- Law of nations --- Nations, Law of --- Public international law --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Mass communication --- Media, Mass --- Media, The --- Communication --- Communication systems --- Civil law --- Information technology --- Mass media --- Comparative law. --- Trade regulation. --- Technological innovations. --- Private International Law, International and Foreign Law, Comparative Law. --- Innovation and Technology Management. --- Legal history --- Breakthroughs, Technological --- Innovations, Industrial --- Innovations, Technological --- Technical innovations --- Technological breakthroughs --- Technological change --- Creative ability in technology --- Inventions --- Domestication of technology --- Innovation relay centers --- Research, Industrial --- Technology transfer --- Regulation of trade --- Regulatory reform --- Trade regulation --- Commercial law --- Consumer protection --- Deregulation --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Technology and law --- Law and legislation. --- Philosophy. --- History. --- History and criticism --- Law and legislation

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