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‘To Link or not to Link?’ The Problem of the Multinational Enterprise Group Business Structure

Irit Mevorach

in Insolvency within Multinational Enterprise Groups

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199544721
eISBN:
9780191705564
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199544721.003.0003
Subject:
Law, Company and Commercial Law

Although enterprise groups are usually comprised of a bundle of separate legal entities, the traditional company law concepts of separate personality and limited liability might not match the ... More


Federalism, Regulatory Competition, and The Limited Liability Movement: The Coyote Howled and the Herd Stampeded

J. WILLIAM CALLISON

in The Governance of Close Corporations and Partnerships: US and European Perspectives

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199264353
eISBN:
9780191718496
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264353.003.0008
Subject:
Law, Comparative Law, Company and Commercial Law

This chapter describes the different tax treatments of US tax corporations and US tax partnerships, as well as the Internal Revenue Service's (IRS) and the court's original position that ... More


Enterprise Liability, Business Participant Liability, and Limited Liability

Eric W Orts

in Business Persons: A Legal Theory of the Firm

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199670918
eISBN:
9780191749599
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670918.003.0005
Subject:
Business and Management, Organization Studies

This chapter examines the liability and responsibility of firms and their participants for wrongful harms to others (or “externalities”). Two kinds of liability include: (1) enterprise liability of ... More


Company Law Developments in the United States and Asia

Joseph A. McCahery and Erik P. M. Vermeulen

in Corporate Governance of Non-Listed Companies

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199203406
eISBN:
9780191707780
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203406.003.0004
Subject:
Law, Company and Commercial Law

This chapter argues that devising new and separate company law forms is more efficient than other reforms since they offer distinct sets of rules and norms for businesses. A separate set of legal ... More


Shareholder Liability, Risk Aversion, and Investment Returns in Nineteenth-Century British Banking

Graeme G. Acheson and John D. Turner

in Men, Women, and Money: Perspectives on Gender, Wealth, and Investment 1850-1930

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199593767
eISBN:
9780191728815
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199593767.003.0009
Subject:
Business and Management, Business History

In the nineteenth-century equity market, banks typically issued stock which extended shareholder liability beyond paid-up capital. The chapter finds that despite the potentially large downside risk ... More


The Evolution of Closely Held Business Forms in Europe

JOSEPH A. McCAHERY and ERIK P. M. VERMEULEN

in The Governance of Close Corporations and Partnerships: US and European Perspectives

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199264353
eISBN:
9780191718496
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264353.003.0007
Subject:
Law, Comparative Law, Company and Commercial Law

This chapter considers the possibility of making available new business forms in the EU based on the limited liability company (LLC), which could lead to an increase in the number of start-up firms ... More


The Essential Role of Organizational Law

HENRY HANSMANN and REINIER KRAAKMAN

in The Governance of Close Corporations and Partnerships: US and European Perspectives

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199264353
eISBN:
9780191718496
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264353.003.0002
Subject:
Law, Comparative Law, Company and Commercial Law

This chapter examines the legal and institutional framework required for affirmative asset partitioning and its economic role in organization enterprise. It argues that the essential role of ... More


The First Pillar: Company Law—A One-Size-Fits-All Vehicle for Non-listed Companies

Joseph A. McCahery and Erik P. M. Vermeulen

in Corporate Governance of Non-Listed Companies

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199203406
eISBN:
9780191707780
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203406.003.0002
Subject:
Law, Company and Commercial Law

This chapter recounts the history of company law from the development of a joint venture business form that facilitated the networking of entrepreneurs and investors with their opposing interests, to ... More


Long-Term Liabilities

Hrishikes Bhattacharya

in Banking Strategy, Credit Appraisal, and Lending Decisions: A Risk–Return Framework

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198074106
eISBN:
9780199080861
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198074106.003.0008
Subject:
Economics and Finance, Financial Economics

Long-term liabilities provide stability to the capital structure of a business, the most important among them being equity, which is considered as the ultimate risk capital to absorb shocks. This ... More


The Development of Commercial Politics, 1850–1870

G. R. Searle

in Entrepreneurial Politics in Mid-Victorian Britain

Published in print:
1993
Published Online:
October 2011
ISBN:
9780198203575
eISBN:
9780191675874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198203575.003.0006
Subject:
History, British and Irish Modern History

In 1860, many of the provincial Chambers of Commerce in Britain decided to form a federation in order to increase the influence of businessmen on Parliament and the government. With the emergence of ... More


Introduction: Governance in Partnership and Close Corporation Law in Europe and the United States

JOSEPH A. McCAHERY

in The Governance of Close Corporations and Partnerships: US and European Perspectives

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199264353
eISBN:
9780191718496
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264353.003.0001
Subject:
Law, Comparative Law, Company and Commercial Law

This introductory chapter begins with a discussion of the growth of new business organization forms in the US and Europe. It then considers the problems of extending limited liability to small firms ... More


Commercial Law: Globalization and Tradition

Chibli Mallat

in Introduction to Middle Eastern Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199230495
eISBN:
9780191710926
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199230495.003.0009
Subject:
Law, Comparative Law

This chapter focuses on commercial law. It argues that commercial law is the one field where borrowing from the West has taken place most systematically and felicitously. This thesis is illustrated ... More


Revisiting American Exceptionalism: Democracy and the Regulation of Corporate Governance: The Case of Nineteenth-Century Pennsylvania in Comparative Context

Naomi R. Lamoreaux

in Enterprising America: Businesses, Banks, and Credit Markets in Historical Perspective

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226261621
eISBN:
9780226261768
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226261768.003.0002
Subject:
Economics and Finance, Economic History

The legal rules governing businesses’ organizational choices have varied across nations along two main dimensions: the number of different forms that businesses can adopt; and the extent to which ... More


Business Persons: A Legal Theory of the Firm

Eric W. Orts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199670918
eISBN:
9780191749599
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670918.001.0001
Subject:
Business and Management, Organization Studies

This book explains the legal structure of business firms as they operate in the world today. It describes the legal foundations or “matrix” from which all firms are built, managed, and governed. The ... More


Legal and Theoretical Foundations of the Business Corporation

Carsten Gerner-Beuerle and Michael Schillig

in Comparative Company Law

Published in print:
2019
Published Online:
June 2019
ISBN:
9780199572205
eISBN:
9780191747397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199572205.003.0001
Subject:
Law, Company and Commercial Law, Comparative Law

In accordance with comparative law methodology, the chapter seeks to define and delineate in functional terms the subject matter of this book. It aims to provide a workable conception of ‘business ... More


Markets in Equities: Ownership and Control

John Hicks

in A Market Theory of Money

Published in print:
1989
Published Online:
November 2003
ISBN:
9780198287247
eISBN:
9780191596407
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198287240.003.0011
Subject:
Economics and Finance, Macro- and Monetary Economics

This chapter begins with a discussion of the rationale behind the establishment of a limited liability company. It then analyzes the issue of capital raising, beginning with the case in which the ... More


The Rural Land Market

Pranab Bardhan and Christopher Udry

in Development Microeconomics

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198773719
eISBN:
9780191595929
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198773714.003.0006
Subject:
Economics and Finance, Development, Growth, and Environmental

Commences with some comments on the evolution of property rights in land and on reasons for rural land markets being relatively ‘thin’; the rest of the chapter then analyzes the more active ... More


Veil-piercing

Carsten Gerner-Beuerle and Michael Schillig

in Comparative Company Law

Published in print:
2019
Published Online:
June 2019
ISBN:
9780199572205
eISBN:
9780191747397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199572205.003.0010
Subject:
Law, Company and Commercial Law, Comparative Law

This chapter focuses on strategies that, in a broad sense, set the principle of limited liability aside in order to reach (the assets of) the natural or legal persons that benefit from corporate ... More


Outsourcing specialists and the gaming of limited liability

Andrew Bowman, Ismail Ertürk, Peter Folkman, Julie Froud, Colin Haslam, Sukhdev Johal, Adam Leaver, Michael Moran, Nick Tsitsianis, and Karel Williams

in What A Waste: Outsourcing and how it goes wrong

Published in print:
2015
Published Online:
May 2016
ISBN:
9780719099526
eISBN:
9781526103949
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719099526.003.0005
Subject:
Political Science, Political Economy

The problems of outsourcing do not exist in isolation: they are lodged in a wider business system whose rules and culture enable opportunistic behaviour. At the heart is the system of limited ... More


Company Winding-up in Victorian England

V. Markham Lester

in Victorian Insolvency: Bankruptcy, Imprisonment for Debt, and Company Winding-up in Nineteenth-Century England

Published in print:
1995
Published Online:
October 2011
ISBN:
9780198205180
eISBN:
9780191676536
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198205180.003.0006
Subject:
History, British and Irish Modern History, Economic History

This chapter examines the history of English legislation for company winding-up during the 19th century. It suggests that Parliament had anticipated the increase in the number of joint-stock ... More


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