scholarly journals PUBLIC AND NON-PUBLIC COMPANIES IN THE LAW OF RUSSIA AND SOME FOREIGN COUNTRIES

Author(s):  
Михаил Красильников ◽  
Mikhail Krasilnikov ◽  
Андрей Габов ◽  
Andrey Gabov ◽  
Татьяна Бойко ◽  
...  

The classification of business entities into public and non-public in the Russian law provides a reason to seek from the world experience in order to highlight the similarities and further development of regulatory pathways of the above-noted institute. The goal set is achieved by comparing the attributes of a public company in the legislation of some countries. In particular, on the example of the UK and the USA it is established the difference between public and private companies. There is marked a combination of two trends: imperative regulation of public companies, along with the freedom of the creation and operation of private companies. The article describes the approach to the definition of the status of a public company, adopted in Eastern Europe, which is different from that in the UK, studies law in certain countries strongly influenced by English law. Along with the detailed characteristics of the Russian model of public (non-public) companies its difference from the typical Anglo-Saxon model is revealed. The presence (absence) of division into public (private) companies does not evidence the proper and (or) inadequate level of a legal system in this aspect, but simply reflects the model of regulation of the market in a particular country. The authors criticize different interpretation of the term “publicity” by legislators in the case of public (non-public) companies.

2016 ◽  
Vol 1 (1) ◽  
pp. A27-A41 ◽  
Author(s):  
A. Scott Fleming ◽  
Dana R. Hermanson ◽  
Mary-Jo Kranacher ◽  
Richard A. Riley

ABSTRACT This study uses survey data gathered by the Association of Certified Fraud Examiners (ACFE) and provided to the Institute for Fraud Prevention (IFP) to examine differences in the profile of financial reporting fraud (FRF) between private companies and public companies. Although private companies represent a significant portion of the economy, largely due to lack of data on these companies, most research on FRF examines only public companies. The primary objective of this study is to determine how private company FRF is different from FRF in public companies. Our multivariate tests reveal that public companies have stronger anti-fraud environments, are more likely to have frauds that involve timing differences, tend to experience larger frauds, have frauds that involve a larger number of perpetrators, and are less likely to have frauds that are discovered by accident. Overall, it appears that the stronger anti-fraud environment in public companies leads public company FRF perpetrators to use less obvious fraud methods (i.e., timing differences) and to involve larger fraud teams to circumvent the controls. These public company frauds are larger than in private companies, and their larger size may make them more likely to be detected through formal means, rather than by accident. Based on the results, we encourage auditors and others to be particularly attuned to the unique risks of the public versus private setting.


Author(s):  
Alan Dignam ◽  
John Lowry

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on raising equity from the general public and its consequences for the operation of the company. It begins by outlining the basics of raising equity before turning to the consequences of operating in a public market, with emphasis on areas such as takeovers and insider dealing. It then considers the distinction between public and private companies in terms of capital raising, how such companies are regulated, and how public companies differ from listed companies. It also discusses various methods of raising money from the public, the role of the Financial Conduct Authority and the London Stock Exchange in ensuring the proper functioning of the listed market in the UK, and the regulation of listed companies as well as takeovers and other public offers. The chapter concludes by examining the Takeovers Directive (Directive 2004/25/EC of the European Parliament and of the Council of April 21, 2004 on Takeover Bids).


Author(s):  
Alan Dignam ◽  
John Lowry

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on raising equity from the general public and its consequences for the operation of the company. It begins by outlining the basics of raising equity before turning to the consequences of operating in a public market, with emphasis on areas such as takeovers and insider dealing. It then considers the distinction between public and private companies in terms of capital raising, how such companies are regulated, and how public companies differ from listed companies. It also discusses various methods of raising money from the public, the role of the Financial Conduct Authority and the London Stock Exchange in ensuring the proper functioning of the listed market in the UK, and the regulation of listed companies as well as takeovers and other public offers.


Company Law ◽  
2020 ◽  
pp. 63-85
Author(s):  
Alan Dignam ◽  
John Lowry

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on raising equity from the general public and its consequences for the operation of the company. It begins by outlining the basics of raising equity before turning to the consequences of operating in a public market, with emphasis on areas such as takeovers and insider dealing. It then considers the distinction between public and private companies in terms of capital raising, how such companies are regulated, and how public companies differ from listed companies. It also discusses various methods of raising money from the public, the role of the Financial Conduct Authority and the London Stock Exchange in ensuring the proper functioning of the listed market in the UK, and the regulation of listed companies as well as takeovers and other public offers.


2018 ◽  
Vol 18 (6) ◽  
pp. 465-471 ◽  
Author(s):  
Rhys H Thomas ◽  
Mark O Cunningham

Click here to listen to the PodcastThe one-third of people who do not gain seizure control through current treatment options need a revolution in epilepsy therapeutics. The general population appears to be showing a fundamental and rapid shift in its opinion regarding cannabis and cannabis-related drugs. It is quite possible that cannabidiol, licensed in the USA for treating rare genetic epilepsies, may open the door for the widespread legalisation of recreational cannabis. It is important that neurologists understand the difference between artisanal cannabidiol products available legally on the high street and the cannabidiol medications that have strong trial evidence. In the UK in 2018 there are multiple high-profile reports of the response of children taking cannabis-derived medication, meaning that neurologists are commonly asked questions about these treatments in clinic. We address what an adult neurologist needs to know now, ahead of the likely licensing of Epidiolex in the UK in 2019.


2017 ◽  
Vol 13 (1) ◽  
pp. 151
Author(s):  
Ingi Rúnar Eðvarðsson ◽  
Guðmundur Kristján Óskarsson ◽  
Jason Már Bergsteinsson

The aim of the article is to examine whether there is a difference in the utilization of education among university educated employees in private companies on the one hand and public institutions on the other. The target population of the research was based on a random sample drawn from the National Population Register by the National Survey of the Social Science Research Institute of the University of Iceland from 9 March to 9 April 2016. The survey included 2,001 individuals, aged 18 or above, from all over the country. A total of 1,210 persons responded to the survey. This research only involved those participants in the sample who had completed a university education and were salaried employees in Iceland. After data cleansing, 374 participants remained, 178 males and 196 females. The initial results of the research indicated that 20.3% of participants were over-educated for their jobs. The majority of females work in public companies, while the majority of males work in private companies. Individuals with under-education are most likely to be found within public companies, at the same time as over-educated individuals are most likely to be found in private companies (the difference lies in the under- and over-education of females). Those working in public companies come primarily from educational and health sicences, while engineers and natural sicentists work primarily at private companies. Incomes are higher in private companies.


Company Law ◽  
2019 ◽  
pp. 339-374
Author(s):  
Lee Roach

This chapter examines the role and importance of general meetings, the significant body of procedural rules by which general meetings are run, and the extent to which a company's members actually engage with general meetings. Members make decisions in one of two ways: through a resolution or by unanimous assent. A resolution is simply a vote that requires a specified majority vote in its favour in order to be passed. The resolutions of public companies must be passed at meetings, whereas resolutions of private companies can be passed at meetings or via a written resolution. Two forms of general meeting existed: the annual general meeting and extraordinary general meetings. In some cases, however, companies are required to hold a class meeting in which only one class of member is entitled to attend. To encourage institutional investors to engage more, the Financial Reporting Council (FRC) has published the UK Stewardship Code.


2019 ◽  
Vol 26 (2) ◽  
pp. 634-646 ◽  
Author(s):  
Peter Yeoh

PurposeThis purpose of this viewpoint is to address the intended good and unintended bad impacts of artificial intelligence (AI) applications in financial crime.Design/methodology/approachThe paper relied primarily on secondary data resources, business cases and relevant laws and regulations, and it used a legal-economics perspective.FindingsCurrent AI systems could function as antidotes or accelerator of financial crime, in particular cybercrime. Research suggests criminal law could be applied via three approaches to curb these cybercrimes. However, others considered this to be an inappropriate mechanism to hold AI agents accountable, as present AI systems were not deemed capable of making ethically informed choices. Instead, administrative sanctions would be considered more appropriate for now. While keeping vigilance against AI malicious acts, regulatory authorities in the USA and the UK have opted largely for the innovation-friendly, market-oriented, permissionless approach over the state-interventionist stance so as to maintain their global competitive edge in this domain.Originality/valueThe paper reinforced the growing arguments that AI applications should be deployed more as panacea for financial crimes rather than being abused as crime accelerators. There equally though is the need for both public and private sectors to be mindful of the unintended negative, harmful consequences to society, especially those connected to cybercrime. This implied the further need to beef up attention and resources to help mitigate these risks.


2019 ◽  
Author(s):  
rahmad kurnia

Administration Is an activity relating to the recording, classification, processing, storage, filing of all State assets including rights and obligations arising from such good that the wealth is in the management of government banks, government foundations, with the status of public law or private companies, State business entities and other business entities where the government has special interests and are bound in agreement with government participation or the appointment of the government. Financial administration consists of a series of steps where funds are provided by certain officials under procedures that will guarantee the legitimate and effective use of those funds. The main part is preparing the budget, bookkeeping, accounting records, purchasing and inventory


2021 ◽  
pp. 0308518X2110389
Author(s):  
Rachel Ong ViforJ ◽  
William A.V. Clark ◽  
Susan J. Smith ◽  
Gavin A. Wood ◽  
William Lisowski ◽  
...  

This paper provides an empirical overview of housing tenure transitions in Australia, the UK and the USA during a period of unprecedented economic instability in 2001–2017. Focusing on the neglected theme of episodic homeownership, we profile those who straddle the tenure divide by moving into and out of renting from time to time. Using panel data we model this ‘churn’ in three jurisdictions, showing that even the dislocation of a global financial crisis does not eclipse the independent impact of life events during rental spells. We find that whatever individuals bring from prior ownership, shocks occurring during a rental spell – unemployment, loss of a partner, additional dependent children – can be sufficient to prevent return. Churning is also health- and age-selective, adding ‘drop-out’ among the old to ‘lock-out’ for the young as a policy concern. Even those who successfully regain owner-occupation increase their credit and investment risks without necessarily improving their housing position. Overall ‘churners’ are a diverse constituency whose life chances are powerfully shaped by episodic ownership: what they share is time spent in an unacknowledged, under-instituted space between tenures where there is latent demand for innovative financial services and untapped potential for radical policy shifts.


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