Acquis Application in Albanian Company Law in Comparison with Other EU States in Relation to Corporate Management

2011 ◽  
Author(s):  
Adi Hima
Keyword(s):  
Company Law ◽  
Corporate Management

Controlling corporate management: UK and US initiatives

Legal Studies ◽  
1994 ◽  
Vol 14 (2) ◽  
pp. 244-265 ◽  
Author(s):  
C. A. Riley
Keyword(s):  
Financial Performance ◽  
Corporate Law ◽  
Company Law ◽  
Corporate Management ◽  
Political Climate ◽  
Share Ownership ◽  
The Uk ◽  
And Control

Corporate law — both in the UK and US — remains preoccupied with the separation of ownership and control. Share ownership, the story runs, has become so dispersed in the larger company that control of its affairs has passed from shareholders to managers. It is assumed that managers will have interests which conflict with those of shareholders and will use their control to further the former at the expense of the latter. The orthodox response has been to stress the paramountcy of shareholder interests and to seek ways of compelling management to advance those interests in preference to their own. The urgency with which these prescriptions for company law have been pursued has rather fluctuated, depending upon the wider economic and political climate within which companies operate. Thus, the take-over activity of the late 1980’s created its own excesses, as in the Guinness affair. The subsequent recession, with its effect on profits, caused further strain, exacerbated by rises in executives’ pay and generous severance awards at times unrelated to the companies’ own financial performance. A number of substantial corporate failures or controversies have provided a further impetus.

13. Corporate management

Company Law ◽  
2020 ◽  
pp. 275-320
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Board Of Directors ◽  
General Meeting ◽  
Company Law ◽  
Corporate Management ◽  
Strategic Decisions ◽  
The Board Of Directors ◽  
The Subject ◽  
The Uk ◽  
And Control ◽  
The Relationship

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 deals with corporate management, focusing on those individuals who are responsible for making key strategic decisions within the company, namely the members of the board of directors. It begins by tracing the emergence of the professional managerial organ, with emphasis on the separation of ownership and control and the recognition of directorial autonomy. It then considers the relationship between directors and the general meeting, how directors are appointed, categories of directors, principle and policy governing directors’ remuneration, and the fiduciary nature of the office. The issues surrounding corporate governance are also examined, along with the approach of company law in the UK with regards to the structure and functions of the board of directors. Finally, the chapter discusses vacation, removal from office, and disqualification of directors as well as recent statutory reforms (the Small Business, Enterprise and Employment Act 2015) aimed at bolstering the disqualification regime.

II. Company Law and Trade in Securities

1999 ◽  
Vol 48 (3) ◽  
pp. 707-710
Author(s):  
Karl Newman ◽  
Takis Tridimas
Keyword(s):  
Employee Participation ◽  
Company Law ◽  
Corporate Management ◽  
European Company

In the last two years, there has been a dearth of legislative initiatives in the field of company law.1This may be attributed to several reasons. Whilst the company law harmonisation programme is now largely complete, the principle of subsidiarity has to some extent hampered moves toward further harmonisation. Disagreement still reigns over certain crucial issues such as employee participation in corporate management. Also, in the light of the objective to advance EMU, there has been a shift in the Community's priorities. The search for consensus continues in relation to the proposal for a thirteenth company law directive on take-overs and the proposed European Company Statute, although, currently, the national delegations seem to be closer to agreement in relation to the latter than in relation to the former.2

scholarly journals TINJAUAN YURIDIS DUALISME STATUS HUKUM INDIVIDU PENJABAT DIREKTUR KORPORASI

2021 ◽  
Vol 5 (1) ◽  
pp. 111
Author(s):  
Handoyo Prasetyo ◽  
Subakdi Subakdi
Keyword(s):  
Corporate Governance ◽  
Legal Status ◽  
Legal Protection ◽  
Limited Liability ◽  
Company Law ◽  
Corporate Management ◽  
Legal Subject ◽  
Holding Company ◽  
Good Corporate Governance ◽  
Corporate Director

The corporation is one of the backbones of economic growth in Indonesia. The corporation as a legal subject in the form of a legal entity  due to its functional nature, will always be represented by an individual who is authorized by law to carry out corporate management functions. Individual Director of a corporation who comes from an internal corporation raises a dualism of legal status that covers Individual of Director, namely the Manpower Law and the Limited Liability Company Law. In addition, Individual of Director must also comply with all regulations related to their business activities (compliance principles). This research is made by looking at the factors that cause the dualism of legal status of Individual Director and the efforts made to provide legal protection for employees who act as corporate director in applying the principle of compliance to ensure the achievement of good corporate governance. Because this research is a research in the field of law, this research uses a normative juridical research method which is descriptive analytical in nature, to analyze the phenomena and what factors cause these problems / phenomena, namely the dualism status of Individual Director law. From this research, it was found that the factors of the dualism of legal status of Individual Director were because the holding company did not give up the employment status of individual employees who were appointed as directors and in contrast, Individual of Director were also reluctant to give up their employment relationship with the holding company. In order to protect the Individual Director from all legal risks that he faces in the implementation of the functions of the board of directors, the principle of compliance must be implemented properly and always act in a professional manner for the advancement of the corporation. Korporasi menjadi salah satu tulang punggung pertumbuhan ekonomi di Indonesia. Korporasi sebagai subjek hukum yang berbentuk badan hukum (rechtspersoon) karena sifat fungsionalnya, akan selalu diwakili oleh seorang individu yang diberikan kewenangan oleh undang-undang untuk melaksanakan fungsi kepengurusan korporasi. Individu Direktur korporasi yang berasal dari karyawan internal korporasi menimbulkan dualisme status hukum yang menaungi Individu Direktur yakni Undang-undang Ketenagakerjaan dan Undang-undang Perseroan Terbatas. Disamping itu Individu Direktur juga harus mentaati semua peraturan yang terkait dengan kegiatan usahanya (compliance principle). Penelitian ini dibuat dengan tujuan mengetahui faktor-faktor yang menjadi penyebab terjadinya dualisme status hukum Individu Direktur korporasi dan upaya yang dilakukan guna memberikan perlindungan hukum bagi karyawan yang menjabat sebagai direktur korporasi dalam menerapkan compliance principle guna memastikan tercapainya tata kelola perusahaan yang baik (good corporate governance). Karena penelitian ini adalah penelitian di bidang hukum, maka penelitian ini mempergunakan metode penelitian yuridis normatif yang bersifat deskriptif analitis, untuk menganalisis fenomena yang ditemukan dan faktor apa yang menyebabkan timbulnya masalah / fenomena tersebut yakni adanya dualisme status hukum Individu Direktur. Dari penelitian ini ditemukan faktor-faktor timbulnya dualisme sistem hukum yang menaungi Individu Direktur di disebabkan karena korporasi induk (holding company)  tidak melepaskan status ketenagakerjaan individu karyawan yang diangkat menjadi direktur dan sebalinya Individu Direktur juga enggan melepaskan hubungan ketenagakerjaannya dengan holding company. Untuk melindungi Individu Direktur dari segala resiko hukum yang dihadapinya dalam pelaksanaan fungsi direksi, maka compliance principle harus dilaksanakan secara baik dan senantiasa bertindak secara profesional demi kemajuan korporasi.

13. Corporate management

2016 ◽  
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Board Of Directors ◽  
General Meeting ◽  
Company Law ◽  
Corporate Management ◽  
Strategic Decisions ◽  
The Board Of Directors ◽  
The Subject ◽  
The Uk ◽  
And Control ◽  
The Relationship

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 deals with corporate management, focusing on those individuals who are responsible for making key strategic decisions within the company, namely the members of the board of directors. It begins by tracing the emergence of the professional managerial organ, with emphasis on the separation of ownership and control and the recognition of directorial autonomy. It then considers the relationship between directors and the general meeting, how directors are appointed, categories of directors, principle and policy governing directors’ remuneration, and the fiduciary nature of the office. The issues surrounding corporate governance are also examined, along with the approach of company law in the UK with regards to the structure and functions of the board of directors. Finally, the chapter discusses vacation, removal from office, and disqualification of directors as well as recent statutory reforms (the Small Business, Enterprise and Employment Act 2015) aimed at bolstering the disqualification regime.

13. Corporate management

2018 ◽  
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Board Of Directors ◽  
General Meeting ◽  
Company Law ◽  
Corporate Management ◽  
Strategic Decisions ◽  
The Board Of Directors ◽  
The Subject ◽  
The Uk ◽  
And Control ◽  
The Relationship

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 deals with corporate management, focusing on those individuals who are responsible for making key strategic decisions within the company, namely the members of the board of directors. It begins by tracing the emergence of the professional managerial organ, with emphasis on the separation of ownership and control and the recognition of directorial autonomy. It then considers the relationship between directors and the general meeting, how directors are appointed, categories of directors, principle and policy governing directors’ remuneration, and the fiduciary nature of the office. The issues surrounding corporate governance are also examined, along with the approach of company law in the UK with regards to the structure and functions of the board of directors. Finally, the chapter discusses vacation, removal from office, and disqualification of directors as well as recent statutory reforms (the Small Business, Enterprise and Employment Act 2015) aimed at bolstering the disqualification regime.

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