AUSTRALIAN BUSINESS LAW REVIEW最新文献_第3页

A Study on the Legal Effect of Disguised Capitalization 变相资本化的法律效力研究

IF 0.4

AUSTRALIAN BUSINESS LAW REVIEW Pub Date : 2023-03-31 DOI: 10.24886/blr.2023.03.37.1.125

Ju-hyun Namgung

引用次数: 0

How to Response to Extend or Pay 如何回应延期或付款

IF 0.4

AUSTRALIAN BUSINESS LAW REVIEW Pub Date : 2023-03-31 DOI: 10.24886/blr.2023.03.37.1.93

A. Choi

引用次数: 0

Research on the Enlightened Shareholder Value Theory under the UK Companies Act - In Search of the Provisions of the Director’s Duty and the Disclosure Mechanism Suitable for the ESG Management - 英国公司法下的开明股东价值理论研究——寻找适合ESG管理的董事责任规定和披露机制

IF 0.4

AUSTRALIAN BUSINESS LAW REVIEW Pub Date : 2023-03-31 DOI: 10.24886/blr.2023.03.37.1.53

Taejoon Ahn

引用次数: 0

Pre-emptive Rights of Shareholders: An Indian Perspective 股东的优先购买权:一个印度的视角

IF 0.4

AUSTRALIAN BUSINESS LAW REVIEW Pub Date : 2023-01-01 DOI: 10.54648/bula2023002

K. Ritika

{"title":"Pre-emptive Rights of Shareholders: An Indian Perspective","authors":"K. Ritika","doi":"10.54648/bula2023002","DOIUrl":"https://doi.org/10.54648/bula2023002","url":null,"abstract":"Pre-emptive rights are legal relationships either created by a statute or through a contract. By the exercise of these rights, priority is given to the right holder over and above others as regards the potential acquisition of the relevant subject matter. Only upon refusal by such right holder, is this opportunity given to a third party to negotiate.\u0000In India, the statutory pre-emptive rights of a shareholder in a company have been recognized statutorily through the Companies Act, 2013, as well as by the extant security exchange laws. Whereas, in the case of contractual pre-emptive rights, they are enforced as per the Indian Contract Act, 1872.\u0000As per the statutorily recognized pre-emptive rights, the rights are held by the shareholders of a corporation by virtue of which additional shares shall not be issued by the company to a third party, without the shares first being offered to all its existing shareholders.\u0000In the case of the contractual pre-emptive rights, they are, typically, an arrangement between the shareholders of the corporation that, in the case of transfer of shares, the exiting shareholder shall first offer those shares to the non-exiting one.\u0000It leads to great confusion for many, as the context in which the term is used statutorily and contractually varies to a great degree. Through this article, an attempt is made to discuss the concept of pre-emptive rights in a company, its statutory and contractual presence in companies regulated as per the laws of India and review judicial developments and understand its relevance in today’s time.\u0000Rights Issue, Companies, Public Company, Private Company, Indian Companies Act, 2013, Indian Contract Act, 1872, Pre-emptive Rights, Statutory Pre-emptive Rights, Contractual Pre-emptive Rights, Right of First Refusal, Right of First Offer","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"22 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84146238","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A Dog With No Name 一只没有名字的狗

IF 0.4

AUSTRALIAN BUSINESS LAW REVIEW Pub Date : 2023-01-01 DOI: 10.54648/bula2023007

David Flint

引用次数: 0

Start-ups to the Test of the New Italian Crisis and Insolvency Code 意大利新危机和破产法对初创企业的考验

IF 0.4

AUSTRALIAN BUSINESS LAW REVIEW Pub Date : 2023-01-01 DOI: 10.54648/bula2023003

Marina Spiotta

引用次数: 0

Part II: Parent Company Liability and the Idea of Statutory Due Diligence 第二部分:母公司责任与法定尽职调查理念

IF 0.4

AUSTRALIAN BUSINESS LAW REVIEW Pub Date : 2023-01-01 DOI: 10.54648/bula2023006

Gregory Chilson

{"title":"Part II: Parent Company Liability and the Idea of Statutory Due Diligence","authors":"Gregory Chilson","doi":"10.54648/bula2023006","DOIUrl":"https://doi.org/10.54648/bula2023006","url":null,"abstract":"Recent case law in the UK courts has established the possibility for the parent companies of multi-national corporations to hold liability in tort negligence for harms caused by their foreign based subsidiaries. The UK’s approach – a general duty of care for cross-border torts – is noteworthy in that it has developed organically through the common law. One possible tension this duty raises, may be with established principles of company law, affirmed at common law. By comparison, European neighbours such as France, Switzerland and Germany, have addressed the same issue of corporate accountability by developing statutory regulatory regimes which utilize due diligence obligations reflective of the recent trend toward international accountability standards, such as the UN Guiding Principles for Business and Human Rights (UNGPs) of the late John Ruggie.\u0000This work serves as an in-depth investigation for scholars of tort law, company law, private international law, and human rights, who are interested in understanding this rapidly developing area of practice from an English perspective. This work is offered in two parts. This second part offers an overview of UK statutory and case law as it may relate to parent company liability. A critical analysis of recent case law, seeks to understand the characteristics of parent company liability, as developed by the Courts in securing fair remedy for corporate misfeasance. With reference to comparative regimes observed in the aforementioned neighbouring European countries, this work further considers what limitations the current law has, and what benefits could be realized through the introduction of reporting requirements.\u0000Parent Company, Corporate Groups, English Company Law, Human Rights Due Diligence, UNGPs, Okpabi, Vedanta, Mass Torts, Supply Chain Liability, Limited Liability","PeriodicalId":42005,"journal":{"name":"AUSTRALIAN BUSINESS LAW REVIEW","volume":"38 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83449330","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Geopolitics: Rising Global Risks for Businesses 地缘政治:企业面临的全球风险上升

IF 0.4

AUSTRALIAN BUSINESS LAW REVIEW Pub Date : 2023-01-01 DOI: 10.54648/bula2023001

Peter Yeoh

引用次数: 0

Legal Liabilities for the Abusive Governmental Regulations on the Enterprises 政府对企业规制滥用的法律责任

IF 0.4

AUSTRALIAN BUSINESS LAW REVIEW Pub Date : 2022-12-31 DOI: 10.24886/blr.2022.12.36.4.9

Chul-Song Lee

引用次数: 0

A Study on the Legislation for Big Data Utilization in Korea 韩国大数据利用立法研究