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Die Gesellschaftsrechtliche Vereinigung - wissenschaftliche Vereinigung für Unternehmens- und Gesellschaftsrecht (VGR) - hat sich zum Ziel gesetzt, über moderne Entwicklungen im Gesellschafts-, Konzern- und Kapitalmarktrecht zu informieren, und bietet Praxis und Wissenschaft eine Plattform für den Meinungs- und Erfahrungsaustausch. Dieser Band der Schriftenreihe der Gesellschaftsrechtlichen Vereinigung beinhaltet die überarbeiteten und aktualisierten Vorträge der Jahrestagung 2012, die am 9. November 2012 in Frankfurt am Main stattgefunden hat. Aus dem Inhalt: Die aktuelle gesellschaftsrechtliche Rechtsprechung des Bundesgerichtshofs (Bergmann) Kapitalschutz in der GmbH - eine Generalkritik (Bayer) Die SE als Rechtsformalternative für den Mittelstand (Fromholzer) Die SE als Rechtsformalternative für den Mittelstand - Steuerliche Anmerkungen (Baldamus) Ad-hoc-Pflichten bei gestreckten Geschehensabläufen - Praxisfragen aus dem "Geltl"-Urteil des EuGH (Ihrig) Treuhandkonstruktionen bei Publikumspersonengesellschaften (Klöhn) Haftungsausschluss durch Beratung (Kremer)
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"Corporate Internal Investigations have become more and more important for businesses as a means to minimise business liability risks. These liability risks often result from a managerial failure to observe a particular regulatory code. For international businesses, the obligation upon management to supervise compliance does not stop at national borders and the introduction of whistle-blowing systems within businesses is only a small step in terms of minimising the risks. The greater challenge for businesses is to examine and analyse the findings of internal investigations, and this often calls for an internal investigation to be conducted internationally. Recent cases of law enforcement by national or international authorities against companies and individuals have highlighted the legal pitfalls and boundaries of Corporate Internal Investigations. The authors of this work offer an overview of the recurring legal questions regarding internal investigations in 13 different jurisdictions (Austria, Brazil, China, France, Germany, Great Britain, Indonesia, Italy, Mexico, Russia, Spain, Switzerland and USA). The book is especially concerned with the requirements for the initiation of internal investigations and the legal boundaries of different investigative measures. In addition, questions concerning data protection, employment laws, the conduct of interviews with employees and penalties for inappropriate employee conduct are described."--Bloomsbury Publishing Corporate Internal Investigations have become more and more important for businesses as a means to minimise business liability risks. These liability risks often result from a managerial failure to observe a particular regulatory code. For international businesses, the obligation upon management to supervise compliance does not stop at national borders and the introduction of whistle-blowing systems within businesses is only a small step in terms of minimising the risks. The greater challenge for businesses is to examine and analyse the findings of internal investigations, and this often calls for an internal investigation to be conducted internationally. Recent cases of law enforcement by national or international authorities against companies and individuals have highlighted the legal pitfalls and boundaries of Corporate Internal Investigations. The authors of this work offer an overview of the recurring legal questions regarding internal investigations in 13 different jurisdictions (Austria, Brazil, China, France, Germany, Great Britain, Indonesia, Italy, Mexico, Russia, Spain, Switzerland and USA). The book is especially concerned with the requirements for the initiation of internal investigations and the legal boundaries of different investigative measures. In addition, questions concerning data protection, employment laws, the conduct of interviews with employees and penalties for inappropriate employee conduct are described
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Some Latin American countries are experiencing unprecedented sustained economic growth while others stagnate. Yet, these nations have much to offer to the rest of the world, materially and spiritually. The two volumes of Latin American Company Law aim to create a better understanding of Latin America's company law as a tool for harnessing development capital, local and foreign, and for developing a broader class of traders, investors, lenders and corporate managers. In pursuing these goals, the authors and editors share a belief in a comparative analysis that the National Law Center for Inter-American Free Trade (NLCIFT) refers to as 'contextual': legal institutions are examined not only in light of the legal system to which they belong but also as a product of their normative purposes and socio-economic environment. Thus, prospective investors in and lenders to Latin America as well as their legal and economic advisors will learn about the legal and cultural or institutional obstacles to capital formation and financing, especially at the bottom of the economic pyramid.Company lawyers, bankers, law and economic development scholars and teachers, corporate and financial regulators and officials of multinational development and lending agencies world-wide will find much of interest in the reasons, and in some instances, cures for: a) the lack of secured or asset-based lending, b) unnecessary formalities, c) emerging limits to limited liability, d) protection of minority shareholders, e) challenges of disproportional ownership, and f) regulation or non-regulation of large corporate groups. Readers will learn how uniform legislation on the new (largely electronic) patterns of holding corporate securities could be successfully drafted. They will also learn why they should not legislate and/or regulate on limited liability companies and mutual funds using the Spanish models. They will also profit from knowing about the increasing use of company arbitration in Latin America and Spain and about the promising efforts to attain simplicity and uniformity in European private company law. These features are so important in a globalized marketplace that the entire second volume is devoted to the most successful experiment in recent memory to simplify and liberalize the creation and operation of corporations in Latin America.
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This topical book is the first publication that focuses on the impact of the CCCTB project on relations between the European Union and third countries. Although the CCCTB system will only be applicable within the European Union, it will also have wide-ranging impacts for non-resident companies. The book considers the impact of the CCCTB from the perspective of non-EU-based enterprises that are carrying on business in the EU through the operation of branches or subsidiaries in Member States. It incorporates the perspectives of leading scholars from all over Europe as well as from third countrie
Corporation law --- Corporations --- Taxation.
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Corporation law --- -Private companies --- -Corporation law --- -Private companies -
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Corporation law --- Corporation law. --- History --- New Jersey. --- Wirtschaft. --- Corporation law -- New Jersey -- History.
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Corporation law --- Sociétés --- Droit
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Corporation law --- Sociétés --- Droit
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Corporation law --- Obligations (Law) --- Commercial treaties --- International law
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