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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Company law
So long as there are weaknesses that can be exploited for gain, companies, other organizations and private individuals will be taken advantage of. This theoretically-based but hugely practical book focuses on what is generally seen as financial or economic crime: theft, fraud, manipulation, and corruption. Petter Gottschalk considers how, in some competitive environments, goals can 'legitimise' all kinds of means, and how culture can exert a role in relation to what is seen as acceptable or unacceptable behaviour by individuals. In Investigation and Prevention of Financial Crime he addresses important topics including organized crime, money laundering, cyber crime, corruption in law enforcement agencies, and whistleblowing, and provides expert advice about strategies for the use of intelligence to combat financial crime. The uniqueness of his approach to the subject lies in the way he is able to explain intelligence and intelligence processes in the wider context of knowledge and knowledge management. The numerous case studies throughout the book illustrate the 'policing' of financial crime from an intelligence, knowledge management and systems perspective. Law enforcers, lawyers, security personnel, consultants and investigators, as well as those in auditing and accountancy and with responsibilities for containing risk in banks, other financial institutions and in businesses generally, will find this an invaluable source of practical guidance. The book will also be of interest to advanced students and researchers in criminology and police science.
This book provides an analysis of how commercial and banking disputes can be settled under the Islamic regime for arbitration. The work focuses on the Saudi legal system as representative of Shari'a law in commercial and banking arbitration, and where relevant, makes comparisons with the settlement of banking disputes in Egypt and the UAE. Shari'a Law in Commercial and Banking Arbitration provides a general introduction to the Saudi law and to the main principles and sources of Islamic Shari'a, on which Saudi law is based. It explores uncertainties resulting from the current system, such as the payment of interest, and examines possible alternative remedies for both domestic and international banking arbitration. It will be key reading for anyone interested in business and commercial law.
As trade and production have increasingly crossed international boundaries, private bodies and governments alike have sought new ways to regulate labour standards and advance goals of fairness and social justice. Governments are harnessing social and market forces to advance corporate accountability, while private bodies are employing techniques drawn from command and control regulation to shape the behaviour of business. This collection brings together the research and reflections of a diverse international mix of academics, activists and practitioners in the fields of fair trade and corporate accountability, representing perspectives from both the industrialized and developing worlds. Contributors provide detailed case studies of a range of social justice governance initiatives, documenting the evolution of established strategies of advocacy and social mobilization, and evaluating the strengths and limitations of voluntary initiatives compared with legally enforceable instruments.
This book examines the extent to which international law places obligations directly on corporate entities. It is often argued that corporations are bound by, inter alia, the same human rights and environmental obligations that states have. This book examines the source of these supposed obligations in treaty law, international custom, and in internationalized contracts, to determine whether they really can be transposed to corporations so easily. The focus of the book is on the regulation by international law of private corporate conduct. It examines whether corporate obligations, namely obligations binding directly upon a corporation under positive international law, have indeed emerged, and if so, whether corporations may be systemically included in the predominantly state-centric framework of international law. It investigates the challenges facing international law as a result of the potential emergence of corporate obligations, and engages in a structural analysis of what corporate obligations under international human rights law might entail. Ultimately, it warns against conceptualizing corporations as both holders and potential violators of human rights, explaining why they are not automatically bound by the same obligations that are imposed on states.
Virtual worlds are the latest manifestation of the internet's inexorable appetite for development. Organisations of all kinds are enthusiastically pursuing the commercial opportunities offered by the growth of this phenomenon. But if you believe that there are no laws which govern internet social networks and virtual worlds this book will persuade you otherwise. There is law, and a good deal of it. Why would there not be? As with many other aspects of the world wide web, this new medium is unregulated and offers many opportunities for companies to damage their reputation, run into a whole host of problems relating to intellectual property, trade marks and copyrights, and compromise the rights of individuals participating within the virtual environment. By reading The Law of Virtual Worlds and Internet Social Networks you will gain a good understanding of the legal issues which govern this expanding and fascinating world - are you ready for the leap from internet plaything to meaningful social and business tool? The Law of Virtual Worlds and Internet Social Networks is an essential reference for advertising and media agencies; television broadcast producers; academic institutions including university law, knowledge and information departments. In fact, it has been written for anyone interested in virtual worlds and social networks whether commercially because you want to explore the possibilities such environments present, or for academic curiosity.
How should a state respond to competing international obligations where the patenting of life is concerned? Following the institutionalization of Intellectual Property in the world trading system under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), states face differing challenges and restraints on their freedom to develop biopatenting programmes. Through a comparative review of patenting in two key but diverging jurisdictions, Canada and the US, this book considers how states might exercise the right of self-determination in their domestic law and policy over biopatenting to promote objectives of human welfare and fair competition. Departing from existing studies, this timely and important volume offers a pragmatic two-step approach to state agency to resolve apparent conflicts between the regulatory options afforded by economic globalization and the need to forge domestic laws that reflect community values. In this approach, rich and poor countries alike are invited to assert the primacy of human rights in their industrial and cultural policies.
The process of economic globalization, as product and capital markets have become increasingly integrated since WWII, has placed huge, and it is argued by some, irresistible pressures on the world's 'insider' stakeholder oriented corporate governance systems. Insider corporate governance systems in countries such as Germany, so the argument goes, should converge or be transformed by global product and capital market pressures to the 'superior' shareholder oriented 'outsider' corporate governance model prevalent in the UK and the US. What these pressures from globalization are, how they manifest themselves, whether they are likely to cause such a convergence/transformation and whether these pressures will continue, lie at the heart of the exploration in this volume. The Globalization of Corporate Governance provides a detailed analysis of the evolution of the key corporate governance systems in the UK, the US and Germany from the perspective of the development of economic globalization. As such it is a valuable resource for those interested in how economic and legal reforms interact to produce change within corporate governance systems.
The recent turbulence in the stock market has brought into question the way, and prices at which, shares are traded, and how the market effectively values companies. It has also raised public concern as to the way by which dealers and investors take advantage of changes in market prices. A number of high profile criminal prosecutions of insider dealing and market abuse and the frequent claims of other instances, combined with the changes in regulations resulting in a more aggressive and proactive stance by the various regulators, have brought the issue under the spotlight. This book discusses what makes stock market efficiency so important for the economy, looks at the theory and issues that underpin market abuse and why an offence often dismissed as a victimless crime is punished so severely. It explores the impact of perception and other factors that distort the market and outlines the extent of abuse. Regulators, lawyers, company officials, investigators, professional advisers and of course investors, both professional and otherwise will find this a helpful guide to the underlying elements of fraud and market manipulation.
Praise for Sarbanes-Oxley and the Board of Directors "Scott Green provides a comprehensive approach to board
oversight that is on point, tackles the most controversial board
issues of our day, and provides sound advice. Wise directors will
read this book." "Scott helped our board to develop clarity of purpose, redefine
its goals, and implement a structure that supports our objectives.
The transformation resulted in a dynamic, productive, and engaged
board. While relevant to public boards, I highly recommend this
book for directors serving not-for-profit organizations as
well." "To be effective, boards of directors need timely, accurate, and
relevant information derived from reliable processes. Scott's focus
on process has helped us deliver information to our board in a more
efficient manner." "Scott Green has enlightened all of us who serve or would like
to serve on a board of directors. The prestige of serving on a
board is clearly apparent, while the risks are often downplayed and
rarely visible. He has succeeded in providing much-needed
illumination in a very hands-on document that we will all benefit
from reading." "A more thoughtful search process, such as the methodology
recommended in Scott's book, will result in a more cohesive and
effective board that truly is a competitive asset for the
company."
An easy to use guide to the Companies Act 2006 and packed full of helpful features, this book provides detailed commentary on the new Companies Act. Offering a chapter by chapter analysis of the legal and practical implications of the Act, the author traces the background to the act, considering the various Consultation Documents and White Papers issued by the Government, the proposals for company law reform and their culmination in the Company Law Reform Act. It contains:
This is an invaluable and handy resource for undergraduate students and practitioners studying or working in business and company law.
This edited collection brings together leading academics in their respective fields to examine the European Union's impact on media and public policy. It provides an analysis of the broader areas of EU policy and links these together to give a greater appreciation of the nuances and scope of EU regulatory initiatives and their impact on the member states. Under a broad public interest perspective, the authors provide an assessment of the success of EU policy in protecting the public interest in the culture industries and respecting certain normative principles and balancing these with market dynamics.
Dalvinder Singh provides an interdisciplinary analysis of the legal aspects of prudential supervision. This gives the reader a broader understanding of the core processes of banking supervision. By using the UK as a case study, a comparison is made with the US to illustrate the different ways of approaching the issues. The author examines the legal as well as the theoretical, economic, political and policy issues that underpin the purpose of prudential supervision, such as corporate governance, enforcement sanctions, the role of external auditors and accountability of financial regulators. These are considered in the context of broad-policy considerations which render prudential supervision necessary, namely financial stability and depositor protection. The book will be of interest to academics, policymakers, regulators and practitioners, and equally will serve specialist undergraduate and postgraduate programmes in law, management and economics which focus on financial regulation.
There is no area of business that is more dramatically affected by the explosion of web-based services delivered to computers, PDAs and mobile phones than the film and television industries. The web is creating radical new ways of marketing and delivering television and film content; one that draws in not simply traditional broadcasters and producers but a whole new range of organizations such as news organizations, web companies and mobile phone service providers. This companion volume to Andrew Sparrow's Music Distribution and the Internet: A Legal Guide for the Music Business focuses on the practical application of UK and EU law as it applies to the distribution of television and film through the internet. This includes terms of contract and copyright as they affect studios, broadcasters, sales agents, distributors, internet service providers, film financiers, and online film retailers; as well as areas such as the licensing of rights. It also covers the commercial aspects of delivering film and television services to a customer base, including engaging with new content platforms, strategic agreements with content aggregators, protecting and exploiting intellectual property rights, data and consumer protection, and payment, online marketing and advertising. The opportunities for companies operating in this area are extraordinary (as are the legal implications) and Andrew Sparrow's highly practical guide provides an excellent starting point for navigating through what is a complex area of regulation, contract, copyright and consumer law.
Advances in Mergers and Acquisitions stands out from the competition due to its focus on three key characteristics: studies from scholars in different countries, with different research questions, relying on different theoretical perspective. Such a broad and inclusive approach to mergers and acquisitions is not easily replicated in academic journals, with much narrower mandates and metrics. The chapters published in this volume provide cutting edge ideas by leading scholars and help to inform mergers and acquisitions research around the world. Volume 19 of this annual series explores a range of issues that include: mergers waves, roll-up acquisitions, hostile takeovers, M&A experience, and decision-making, corporate governance, and innovation in mergers and acquisitions. This book is of interest to scholars in strategic management, organization theory, and organizational behaviour who are studying questions around mergers and acquisitions. Doctoral students in particular will benefit from access to the diversity of research that can trigger new research questions and expanded research agendas.
The role of internal audit is changing. The Sarbanes Oxley legislation in the US and the Combined Code for Corporate Governance in the UK focused on the need to demonstrate the active management of risks and report on this subject to shareholders. Boards of Directors are therefore increasingly requiring their internal audit functions to provide a much higher level of assurance in this regard. Phil Griffiths' Risk-Based Auditing explains the concepts and practice behind a risk-based approach to auditing. He explores the changing environment in both the private and public sectors and the associated legislation and guidance. The book then provides a blueprint for refocusing the internal audit role to embrace risk and to help plan, market, undertake and report a risk-based audit. The text includes a detailed risk-based audit toolkit with 15 sections of tools, techniques and information to enable a risk-based approach to be adopted. This is an essential guide for internal and external auditors seeking to manage the realities of the audit function in the turbulent and fast-changing business environment that has emerged since the end of the last century.
This book focuses on the legal and social aspects of corporate governance through doctrinal and empirical research papers presented at the 9th International Conference on Governance Fraud Ethics and Social Responsibility held at National Law University Delhi in 2018. The papers encompass the internal and external factors that affect the interests of a company's stakeholders, including shareholders, customers, suppliers, government regulators and management, and several other important players. The book provides better clarity on the concept of corporate governance and how it is intertwined with factors such as sustainability, social responsibility and the role of government, taxation and audit, and shareholder engagement.
Economic analysis plays a pivotal role in competition enforcement. Integrating an economic perspective on merger control with a legal perspective throughout, this is a comprehensive reference work on merger control in the EU. Each chapter includes an analysis of the economic methods that have been employed in merger cases or that can be employed in merger assessment, such as merger simulation and critical loss analysis. Whilst focusing on EU practice, the work also highlights key procedures and and case law across the member states. A comparison with US procedure is also considered. Analysing both substantive and procedural law in detail, this is the most comprehensive work on EU merger control and is invaluable for merger assessment.
Since the financial crisis of 2007 to 2009 the role of the company in society, especially the role of publicly traded companies, has acquired a political salience that was largely absent in the decades before the crisis. This concern has been reflected in both enhanced reporting requirements and in the latest version of the Corporate Governance and Stewardship Codes applicable to the largest companies. This books analyses these developments in full, as well as the more fundamental proposals for reform of corporate law that have been advanced outside official circles. The book also examines the functions of the five core features of company law-separate legal personality, limited liability, centralized management, shareholder control, and transferability of shares. It finally analyses the legal strategies available for moderating the frictions that these core features nevertheless generate for those providing the necessary inputs for a company's business. Written by one of the field's foremost experts, Paul Davies' Introduction to Company Law provides a comprehensive conceptual introduction to the subject, giving readers a clear framework with which to navigate the intricacies of company law.
This work deals with the liability of the holding company for the debts of its insolvent subsidiaries. In analyzing the current position under English law, the work challenges as outmoded and inadequate the virtual dogma that a holding company is not answerable for the debts of its insolvent subsidiaries. The study identifies four separate and distinct types of behavioural practices within corporate groups which may prejudice the interests of external creditors or otherwise constitute an abuse of the corporate form; the subservient subsidiary situation; the inadequately financed subsidiary situation; the integrated economic enterprise situation; and the group persona situation. After weighing the various arguments for and against a change in the law and concluding that reform is called for, the study proceeds to submit some radical proposals for reform. The basic thrust of the reform proposals is that in a number of well-defined situations entity law should give way to an enterprise analysis and holding company liability should be imposed for the debts of insolvent subsidiaries.
The Takeovers Panel and Takeovers Regulation in Australia is the first detailed analysis of the Australian Takeovers Panel, the regulatory body for takeovers in Australia, whose key power is to declare circumstances relating to a takeover to be unacceptable. Although the first ten years of the Panel are regarded as unsuccessful (only four matters were considered by the Panel), since 2000, it has considered more than 300 matters. It is regarded as having made a very important contribution to the effective regulation of takeovers in Australia. Ian Ramsay brings together leading takeovers practitioners to consider the functions and powers of the Panel, explore why it was established, provide an assessment of its work, examine key issues and discuss possible reforms that would make the Panel even more effective.
This book examines the contemporary and contentious question of the critical connections between business and human rights, and the implementation of socially responsible norms in developing countries, with particular reference to Kenya, Nigeria, and South Africa. Business enterprises and transnational corporate actors operate in a complex global environment, especially when operating in high risks sectors such as oil and gas, mining, construction, banking, and health care amongst others. Understanding human rights responsibilities, impacts, and socially responsible behaviour for companies is therefore an essential component of corporate risk management in our current world. The release of the United Nations Guiding Principles on Business and Human Rights, an instrument consisting of 31 principles on this issue, has further underscored the emergence of a rapidly developing set of international law norms on human rights responsibilities of businesses and transnational corporations. It has also shaped the discourse on corporate accountability for human rights. In addition to minimizing litigation, financial and reputational risks, understanding and demonstrating corporate respect for human rights is vital to building a culture of trust and integrity amongst local communities, investors, and shareholders. While Africa has been at the receiving end of deleterious activities of corporate actors, it has failed to address corporate impunity and human rights violations by non-state actors. Questions abound revolving around the underpinnings of a corporate responsibility to respect human rights, that is, how non-western and particularly African conceptions of respect may help develop a beyond do no net harm approach to respect; policy discourses on human rights due diligence, human rights impact assessment; mandating corporate respect for human rights in both domestic and international law.
This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law - either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.
This book examines the conception of corporate social responsibility (CSR) in Africa, expanding it's frontiers beyond corporate reporting, voluntary corporate charity and community development projects. Taking a corporate law perspective on CSR, the author combines theory and practice to explain how CSR interacts with of sustainable development and sets an agenda for effective operationalization in Africa. The book not only devises an enforcement mechanism towards embedding effective CSR and sustainable development in Africa but also addresses CSR greenwash on the continent. The author critically examines CSR practices, legal and regulatory techniques in Nigeria and South Africa in the context of contexts of international regulatory dialogues and shows how corporate socially responsible behaviour can be effectively embedded within business communities in Africa. Increasing our understanding of the theoretical, legal and regulatory frameworks supporting corporate responsibility, this book will be of interest to scholars, policy makers and practitioners in the fields of Africa law, corporate law, corporate social responsibility and African business. |
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