Commercial Law Commons^™

Price Elasticity Of Demand In The Market For Governance In Businesses Location Decisions In Oecd Nations From 2015-2019, Luke Kendall

Senior Honors Theses

This study proposes a framework of viewing the competition between governments to attract businesses into their jurisdiction as a competitive market. Literature is reviewed on the market forces and incentives of businesses and governments in location decisions. A possible gap in the literature of quantifying the price elasticity of competition between national governments for business activity is identified. OECD data is analyzed using equations supported by literature and results are evaluated to better understand the elasticity of international location decisions. The results of this study indicate that elasticity varies widely between countries, and countries with smaller economies may face more …

Responsible Business Conduct In The Extractive Industries: Prospect Of Respecting Women's Human Rights In Ghana, Veronica Dossah

LLM Theses

Business operations in the extractive industries (EI) continue to violate women’s human rights and the environment in the communities in which they operate. In Ghana, existing laws and regulations do not preclude businesses from such violations. This makes it important to reflect on innovative means including soft laws which could encourage companies operating in the EI in Ghana to respect women’s human rights and the environment over and above compliance with national laws and regulations. This thesis examines the problem of land grabbing by EI companies operating in Ghana, the unique negative impacts women in mining communities face as a …

No Shirt, No Shoes, No Mask, No Entry, And (Hopefully) No Lawsuits Under The Georgia Covid-19 Business Safety Act!, Franklin Schrum

Mercer Law Review

The COVID-19 Pandemic continues to send shockwaves throughout the United States and all other nations by impacting much more than just the way we live and go about our normal day. Today, in most states, it is considered a common norm to see someone wearing a mask, frequently using sanitizer, or even stocking up on an abnormal amount of household items like toilet paper. Globally, over a million lives have been lost, businesses have become bankrupt, and the economy initially fallen substantially due to the Pandemic. Prominent retailers such as Brooks Brothers, J. Crew, and JCPenney have all filed for …

The Growing Monopoly In The Corn Seed Industry: Is It Time For The Government To Interfere?, Bethany K Sumpter

Texas A&M Law Review

How a company conducts business is often a consumer concern. Individuals have accused company after company of monopolistic behavior. These individuals have also criticized the Department of Justice for not stopping a monopoly from forming in a specific industry. An example is the corn seed industry, where stakeholders have accused companies of monopolistic behavior. Recent mergers and acquisitions in the corn seed industry have left fewer companies in control, and because of this consolidation, individuals are urging the government to act. This Comment argues that, while the corn seed industry is on the road to containing a monopoly, the industry …

You're The Problem, Officer: Whether Executive Officers Should Be Subjected To The Same Standards Of Liability As Directors Under Current Corporate Governance Law, Margo Brandenburg

University of Cincinnati Law Review

No abstract provided.

Opportunity Zones Providing Opportunity For Whom?: How The Current Regulations Are Failing And A Solution To Uplift Communities, Ruta R. Trivedi

Washington and Lee Journal of Civil Rights and Social Justice

In 2017, the newly enacted Tax Cuts and Jobs Act created an incentive for taxpayers to invest in Qualified Opportunity Zones— census tracts that consist of low-income communities. These investments, which are incentivized via lucrative tax deferral benefits, are intended to uplift communities and leave them in a better position than they were pre-investment. However, the initiative lacks regulation requiring investments to actually benefit low-income areas, resulting in money going to places that do not need help, while communities that are in need may face displacement. This is a result of many wealthy investors finding that luxury projects are the …

The Sec's Shareholder Proposal: Creating A Corporate Public Square, Randall S. Thomas, James Cox

Vanderbilt Law School Faculty Publications

In this Article, we take advantage of this Symposium's goals to think broadly about the future of Rule 14a-8 of the Securities Exchange Act of 1934, the shareholder proposal rule. We set forth a vision for the rule to address boardroom insularity by likening the shareholder proposal rule as the public square for shareholders. The existence of such a forum would redound to the benefit of investors, officers, and boards of directors as a fount of current and usefuil information about their investors' and stakeholders' concerns.

We therefore rethink the mission of Rule 14a-8. In doing so, we explore whether …

A New Structuring Option For Funds: The Singapore Variable Capital Company, Vincent Ooi

Research Collection Yong Pung How School Of Law

The Singapore Variable Capital Company (“VCC”) offers a new structuring option for funds. This article considers the features of the VCC in terms of structure, operational aspects and commercial considerations, against the backdrop of similar structures in the BVI and Labuan. It submits that, with statutory modifications, opportunities exist to use the VCC for insurance, captive insurance and family offices.

Benturan Kepentingan Dalam Transaksi Jual Beli Saham Antara Yayasan Dan Perseroan Terbatas (Analisis Terhadap Putusan Peninjauan Kembali Nomor 627/Pk/Pdt/2019), Agnes Wulandari

Indonesian Notary

Dalam rangka mendukung kegiatannya untuk mencapai maksud dan tujuan dari
Anggaran Dasarnya, Yayasan diperbolehkan oleh Undang-undang Yayasan untuk
mendirikan badan usaha. Hal tersebut menjadi dasar bagi suatu Yayasan untuk
melakukan penyertaan modal pada suatu Perseroan Terbatas. Penyertaan modal yang
dilakukan oleh suatu Yayasan dapat dilakukan dalam hal menjadi pemegang saham
dalam satu Perseroan Terbatas. Sebagai pemegang saham dalam perseroan, Yayasan
tentunya memiliki hak sebagaimana yang dimiliki oleh pemegang saham suatu
Perseroan Terbatas pada umumnya, salah satunya yaitu untuk menjual atau
mengalihkan saham yang dimilikinya. Namun, terdapat beberapa larangan dalam
kaitanya dengan pertanggungjawaban pengurus Yayasan untuk menghindari transaksi
afiliasi yang disebabkan …

Peranan Pt Bursa Efek Indonesia Dan Notaris Dalam Pelaksanaan Kegiatan Usaha Penyelenggara Pasar Alternatif Berdasarkan Peraturan Otoritas Jasa Keuangan Nomor 8/Pojk.04/2019 Tentang Penyelenggara Pasar Alternatif, Anggis Dinda Pratiwi Md

Indonesian Notary

Penelitian ini membahas mengenai peranan PT Bursa Efek Indonesia (BEI) sebagai Bursa Efek dan Penyelenggara Pasar Alternatif (PPA). Otoritas Jasa Keuangan (OJK) menunjuk PT BEI sebagai PPA, padahal POJK Nomor 8 /POJK.04/2019 tentang Penyelenggara Pasar Alternatif (POJK PPA) menyebutkan bahwa transaksi dilakukan “antar pengguna jasa secara terus-menerus di luar Bursa Efek”. Pengertian tersebut masih belum selaras dengan pengertian Transaksi di Luar Bursa dalam Peraturan Otoritas Jasa Keuangan Nomor 22/POJK.04/2019 tentang Transaksi Efek (POJK Transaksi Efek). Adapun permasalahan yang diangkat dalam penelitian ini adalah peran PT BEI dalam keberadaan PPA sebagai penyelenggara transaksi surat utang (obligasi); perbandingan dari sudut pandang aturan …

Conflicts Over Domain Names, Rami Olwan

UAEU Law Journal

The study explores legal implications posed by the growth of establishing websites and registration of domain names. The researcher introduces his paper by providing readers with a primary introduction to domain names, their definitions, the Domain Name System (DNS), types of domain names either generic; Top level domains (gTLDS) or country code Top Level Domains (ccTLDS), domain names registration procedures and registration authorities (registrars, registry operators). The researcher also compares trademarks and domain names, mention different types of disputes that occur over domain names including cyber squatting, typo squatting, cyber-smearing and reverse domain name hijacking. The paper includes technical and …

Foreign Direct Investment Negara Kamboja, Amanda Julia

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Investment is divided into 2 (two), namely direct investment or commonly known as foreign direct investment and foreign indirect investment. Foreign direct investment provides benefits for a country that applies it, namely increasing socio-economic development, reducing poverty and transferring technology. Of the many benefits of foreign direct investment, it certainly provides a big benefit for developing countries such as Cambodia. The Cambodian Investment Law of 1994 establishes an open and liberal foreign investment regime. All sectors of the economy are open to foreign investment and the government allows 100 percent foreign ownership of companies in most sectors. In order to …

Aspek Hukum Atas Penerbitan Waran Tanpa Hak Memesan Efek Terlebih Dahulu Sebagai Cara Pembayaran Utang Emiten Pasar Modal Indonesia, Arfan Noer Azwad

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In order to debt restructuring activities, a public company may be able to utilize various capital market instruments deemed to be most appropriate to the circumstances of public companies or issuers. One of them is by selling the equity securities either selling stocks, converting bonds in the settlement of debt restructuring, and / or issuing warrants.Warrants issued as part of a restructuring scheme of the Capital Market Issuers in debt repayments certainly have legal risks which certainly have an impact on shareholders, or on creditors.

Kesiapan Indonesia Dalam Memenuhi Nationally Determined Contribution (Ndc) Seb Agaiimplement Asi Paris Agreement Terkait Restorasi Lahan Gambut, Bela Titis Gantika Br Panggabean

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Indonesia has stated its participation in one of the Climate Agreement, namely Paris Agreement, in the context of reducing GHG emission. In its implementation, Paris Agreement provides obligations for the Parties to conduct a Nationally Determined Contribution, in which there are targets to be achieved in an effort to reduce GHG emissions, in accordance with the domestic conditions of the participating countries. Undoubtedly, each state has different priorities in efforts to reduce GHG emissions, including Indonesia. Natural disasters such as forest and peatland fires that often occur in Indonesia are considered by the government to prioritize forest and peatland restoration …

The Obligations Of The Commercial Mandate Towards The Mandate Between The General Rules And Requirements Of Commercial Dealing, Alaa Al-Nuaimi

UAEU Law Journal

The commercial mandate is one of the most widespread commercial contracts, that is why most legislations had to regulate it with special rules, making it a well noted commercial contract. Nevertheless the Iraqi legislature had a special method as he considered the commercial mandate as a business, but he did not assign it to certain provisions, which means that it will be subject to the provisions of the general rules.

The commercial life has its characteristics and the commercial mandate has its own characteristics. What suits civil dealing does not necessarily suit the business. Accordingly, the unification of the provisions …

Electronic Distribution Of Goods And Services: The Impact Of The Internet And Competition Law On Distribution Networks Part I, Shareef Mohammad Ghannam

UAEU Law Journal

In the past, producers resorted to the method of selling directly to consumers. At that time, the producer was close to the market and was aware of the consumers' needs and requirements. Thereupon, the producers performed the role of both producers and distributors; however, due to the growth of consumers' needs on the one hand, and the progress in production techniques, and the development of transport means and communications on the other hand, producers looked for new, domestic and external markets for their goods and services. This lead to the producers' need of specialists, called distributors, who were given the …

Electronic Distribution Of Goods And Services: The Impact Of The Internet And Competition Law On Distribution Networks- Section Two, Shareef Mohammad Ghannam

UAEU Law Journal

Technical regulations are not enough measures to provide lawful protection of goods distribution networks when it comes to electronic distribution. There is a need for other regulations that aim to regulate processes within the network and outside it, i.e. internally and externally. In fact, distribution contracts include a personal consideration. The distributors are chosen according to conditions and standards which aim to represent the network and respond to consumers' needs, so the network works as one entity. The nature of the relationship between the supplier and the distributor dictates that the first party imposes a group of conditions and restrictions …

Sandbagging: Eagle Force Holdings & The Market’S Reaction, Griffith Kimball

BYU Law Review

No abstract provided.

The Effects Of Trading Companies’ Invalidity, Yousef Abdullah Al-Khadair

UAEU Law Journal

This research deals with the impact of the invalidity of trade companies, companies’ partners and others, and the rules that must be followed once invalidity has been established. The study is divided into three parts and the first part deals with an introduction, and the second part is divided into three sections on Trading Companies' invalidity aspects and the third part deals with a conclusion. The introduction deals with the importance of the subject, and the first section deals with the effect of the invalidity of the company on the company, partners, and those with dealings with the company. The …

The Civil Liability Of The Liquidator In The Case Of Compulsory Liquidation Of Public Companies: A Study Of The Jordanian And Emarati Law, Mansour Saraireh

UAEU Law Journal

This research studies the liquidator’s civil liability in the case of compulsory liquidation of a public limited company and the contracts which were concluded by the company before liquidation.

This study is important since it determines exclusively the cases of the liquidator civil liability as a result of the increased number of liquidations in the international trade system and its reflection on the economy of the developing countries. To fulfill the aims of the study, the research study is divided into three parts: the first part discusses and evaluates the preliminary liquidator’s authority and administration of said liquidation, while the …

The Application Of The Legal Framework Of The Commercial Shop On Electronic Ones A Comparative Legal Study, Dr. Rasha Hattab, Maha Khasawneh

UAEU Law Journal

The Internet has recently witnessed widespread usage to the extent that it has become one of the most important commercial distribution channels, and has, therefore, turned to be a phenomenon that cannot be ignored. Statistics show a growing number of Internet users shopping online at both local and international levels. Web sites are classified into two categories: informational, which aim at the exchange of information of different nature (cultural, media, advertisement, legal, administrative, recreational and commercial), and commercial websites which aim at trading across the electronic network. This research is concerned with studying these commercial Internet sites which can be …

Consent By Registration: The "Back-Door Thief", Nate Arrington

Arkansas Law Review

Consider this personal jurisdiction quandary: A growing Arizona company wants to start expanding into other states. The company is incorporated in Delaware and has its principal place of business in Arizona. It decides to make the leap and begins registering to do business in a few surrounding states, including New Mexico. The registration seems straightforward and does not mention anything about jurisdiction. After the registration, but before conducting any business in New Mexico, a Kentucky resident decides to sue the Arizona-based corporation. The suit is based on an alleged tort occurring in Utah, and the plaintiff files the lawsuit in …

The Legal Classification For Transfer Of Securities Ownership In The Stock Exchange, Hussein Tawfiq Faidhallah, Dr. Hiwa Ibrahim Qader

UAEU Law Journal

The process of securities trading is, in fact, a process of sale and purchase of these securities. These papers, regarded as identical movables, can replace each other if they are of the same type, version, and currency. This is quite common in securities. Regardless of the consideration of the security from identical or valuable movables, the majority of comparative regulations governing the trading of securities on exchanges, including the Iraqi law, have required that the securities be designated and deposited with the market. It is also required from each of the converter and the transferee to hold an investor number …

The Domains Of Loyalty: Relationships Between Fiduciary Obligation And Intrinsic Motivation, Deborah A. Demott

William & Mary Law Review

Recent scholarly inquiry into fiduciary law predominantly focuses on whether the subject is a coherent field and not a piecemeal assortment of doctrinal detail. This Article looks to the future and to relationships between the formal domain of fiduciary law and other factors that shape conduct. These include intrinsic motivation, markets for professional services, and forces like the operation of reputation. The Article demonstrates that looking across domains, from the legal to the extralegal, casts in sharp relief the reasons why fiduciary law is distinctive. These stem from the specific qualities of relationships to which fiduciary law applies, as well …

The Bill Of Lading On The Blockchain: An Analysis Of Its Compatibility With International Rules On Commercial Transactions, Mark L. Shope

Minnesota Journal of Law, Science & Technology

No abstract provided.

Family Endowment Of Shares In Joint Stock Companies; Legal Jurisprudential Study, Majed Al-Marashdeh

UAEU Law Journal

This study aims to demonstrate the importance of the investment of Family endowment of shares in joint stock companies. This is meant to be done through highlighting two aspects, the importance of this type of investment and the goals that could be achieved serving the purpose it was set for. Towards this end, this study is to show the possibility of investing the family endowment funds in the joint stock companies by setting the doctrinal basis of the family endowment, which shows its doctrinal and legal conditions. It also discusses investing the funds of family endowment in the stocks in …

Trademark Ownership Of The Store Between The Seller For The Buyer: A Comparative Study, Omar Falah Alatine

UAEU Law Journal

This study aims to shed the light on the trademark as one of the moral elements that promote in the commercial store and the extent of the ownership of that mark between the store vendor, who did not mention it during the sale of the trademark, and the purchaser (the new owner), who considered the trademark is an integral part of the sale process, leading the purchaser to use such a trademark. Moreover, the study highlights and addresses the arguments and evidences that support the view of each party in terms of the ownership of the trademark. This article is …

Legal Aspects Of Brand Mortgage: A Comparative Study, Hussein Tawfik Faid Allah, Nasser Khalil Jalal

UAEU Law Journal

This article studies the legal aspects of the brand mortgage from the premise its primary purpose is to serve as a legal tool for the brand owner to obtain finance products necessary for the management and development of the owner’s project. Therefore, it is necessary to amend the laws to permit the brand owner to mortgage his brand with his business as collateral [or independently] in order to achieve the purpose of the mortgage.

If we take into account the special nature of trademarks as immaterial rights and the consequential difficulty of transferring possession to the mortgagee, it does not …

The Environmental Impact Of Technological Innovation: How U.S. Legislation Fails To Handle Electronic Waste's Rapid Growth, Marisa D. Pescatore

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Towards Enhancing The Shareholder's Right To Control The Management Of The Public Shareholding Company, Ahmad Qasim Farah

UAEU Law Journal

The control of the management and functioning of the Public Shareholding Company is one of the most important rights given to the shareholder, who can exercise this right, individually or collectively, through the Company's General Assembly. To be able to exercise his vital right, the shareholder should be informed of the Company's administrative and financial situation. Hence, the shareholders' information right has been always enhanced by the Comparative legislations through diversifying and expanding its means and scope.

However, by analyzing the provisions of U.A.E Companies Law, it was clear that these provisions are insufficient for the effectiveness of the shareholder's …