scholarly journals The Principle of Subsidiarity and the Law of the Family Business

2015 ◽  
Author(s):  
Scott Thomas Fitzgibbon
Keyword(s):  
Author(s):  
Emiliano Marchisio

This chapter examines some of the most relevant HRM problems in generational transition of family firms and proposes a number of legal instruments capable of resolving them. Use of corporations as vehicles to run the family business is examined, also with respect to consequences of this choice in business transition. Definition and “protection” of family roles within the firm are observed. Patrimonial issues are compared to personal issues and their interplay is explained by reference to five different scenarios. Last, the possibility to “select”, so to say, the law applicable to one's succession under Regulation (EU) no 650/2012 of the European Parliament and of the Council of 4 July 2012 is explored. At the end, it is concluded that even if HRM in family business shows informality along with formality in designing business practices, generational transition of family firms requires structuring and needs be planned, appropriately and in detail, in advance.


2022 ◽  
pp. 1578-1600
Author(s):  
Emiliano Marchisio

This chapter examines some of the most relevant HRM problems in generational transition of family firms and proposes a number of legal instruments capable of resolving them. Use of corporations as vehicles to run the family business is examined, also with respect to consequences of this choice in business transition. Definition and “protection” of family roles within the firm are observed. Patrimonial issues are compared to personal issues and their interplay is explained by reference to five different scenarios. Last, the possibility to “select”, so to say, the law applicable to one's succession under Regulation (EU) no 650/2012 of the European Parliament and of the Council of 4 July 2012 is explored. At the end, it is concluded that even if HRM in family business shows informality along with formality in designing business practices, generational transition of family firms requires structuring and needs be planned, appropriately and in detail, in advance.


2016 ◽  
Author(s):  
David Ransburg ◽  
Wendy Sage-Hayward ◽  
Amy M. Schuman

2018 ◽  
Vol 8 (3) ◽  
pp. 247-266
Author(s):  
Michelle L. Wilson

Initially, Oliver Twist (1839) might seem representative of the archetypal male social plot, following an orphan and finding him a place by discovering the father and settling the boy within his inheritance. But Agnes Fleming haunts this narrative, undoing its neat, linear transmission. This reconsideration of maternal inheritance and plot in the novel occurs against the backdrop of legal and social change. I extend the critical consideration of the novel's relationship to the New Poor Law by thinking about its reflection on the bastardy clauses. And here, of course, is where the mother enters. Under the bastardy clauses, the responsibility for economic maintenance of bastard children was, for the first time, legally assigned to the mother, relieving the father of any and all obligation. Oliver Twist manages to critique the bastardy clauses for their release of the father, while simultaneously embracing the placement of the mother at the head of the family line. Both Oliver and the novel thus suggest that it is the mother's story that matters, her name through which we find our own. And by containing both plots – that of the father and the mother – Oliver Twist reveals the violence implicit in traditional modes of inheritance in the novel and under the law.


2012 ◽  
Vol 13 (1) ◽  
Author(s):  
Paloma Fernández Pérez ◽  
Eleanor Hamilton

This  study  contributes  to  developing  our understanding of gender and family business. It draws on studies from the business history and management literatures and provides an interdisciplinary synthesis. It illuminates the role of women and their participation in the entrepreneurial practices of the family and the business. Leadership is introduced as a concept to examine the roles of women and men in family firms, arguing that concepts used  by  historians or economists like ownership and management have served to make women ‘invisible’, at least in western developed economies in which owners and managers have been historically due to legal rules  of  the  game  men,  and  minoritarily women. Finally, it explores gender relations and  the  notion  that  leadership  in  family business  may  take  complex  forms  crafte within constantly changing relationships.


2018 ◽  
Vol 3 (2) ◽  
pp. 200
Author(s):  
Hardiyanti Munsi ◽  
Ahmad Ismail

This article intends to identify and to describe the unique structure and the managing style that owns primordial characteristics, that is giving significance to kinship, religion, and local Bugis cultural values, which made up the cultural system of PT. Hadji Kalla family business. Theoritically, this research was inspired from Weberian perspective on the ideal types of bureaucracy, that observes organizations (in this case is the family business) as one of the socio-cultural phenomena which is neutral and value-free, that is place aside its subjective aspects. The research was conducted in two locations, the head office and one of the branch offices using qualitative approach that relies on participant observation, in-depth interviews, and literature studies. The results of the research shows that the family business of PT. Hadji Kalla that has advanced into national level still prioritizes kinship, ethnicity, and religious aspects in the daily activities of the company. The value even take parts in providing the company’s colour to the urban societies in various districts where the company stands. This means that although the society has undergone transformations, it doesn’t mean that the primordial value, and the elements that exist outside of businesses (such as kinship, big men, religion, cultural values, and interest) do not influence the activities that are held in formal organizations. Therefore, the interventions of subjective aspects will always appear, followed with the application of the modern management system that is implemented by PT. Hadji Kalla company.


2019 ◽  
Vol 10 (2) ◽  
pp. 116-127
Author(s):  
Ondřej Machek ◽  
Jiří Hnilica

Purpose The purpose of this paper is to examine how the satisfaction with economic and non-economic goals achievement is related to the overall satisfaction with the business of the CEO-owner, and whether family involvement moderates this relationship. Design/methodology/approach Based on a survey among 323 CEO-owners of family and non-family businesses operating in the Czech Republic, the authors employ the OLS hierarchical regression analysis and test the moderating effects of family involvement on the relationship between the satisfaction with different goals attainment and the overall satisfaction with the business. Findings The main finding is that family and non-family CEO-owner’s satisfaction does not differ significantly when economic goals (profit maximisation, sales growth, increase in market share or firm value) and firm-oriented non-economic goals (satisfaction of employees, corporate reputation) are being achieved; both classes of goals increase the overall satisfaction with the firm and the family involvement does not strengthen this relationship. However, when it comes to external non-economic goals related to the society or environment, there is a significant and positive moderating effect of family involvement. Originality/value The study contributes to the family business literature. First, to date, most of the studies focused on family business goals have been qualitative, thus not allowing for generalisation of findings. Second, there is a lack of evidence on the ways in which family firms integrate their financial and non-financial goals. Third, the authors contribute to the literature on the determinants of personal satisfaction with the business for CEOs, which has been the focus on a relatively scarce number of studies.


1987 ◽  
Vol 33 ◽  
pp. 537-571 ◽  

Owain Westmacott Richards was born on 31 December 1901 in Croydon, the second son of Harold Meredith Richards, M.D., and Mary Cecilia Richards ( née Todd). At the time H. M. Richards was Medical Officer of Health for Croydon, a post he held until 1912 when he returned to the town of his birth, Cardiff, as Deputy Chairman of the newly formed Welsh Insurance Commission, the forerunner of the Welsh Board of Health. Owain Richards’s grandfather had a hatter’s business in Cardiff, which had been established by his father, who had migrated to Cardiff from Llanstephan in Carmarthenshire (now Dyfed). This great-grandfather was probably the last Welsh-speaking member of the family; his son discouraged the use of Welsh as ‘unprogressive’ and married a non-Welsh speaking girl from Haverfordwest. Harold Richards, being the youngest son, did not inherit the family business. On leaving school he worked for some years in a shipping firm belonging to a relative. He found this uncongenial and in his late twenties, having decided to become a doctor, he attended classes at the newly founded University College at Cardiff. Passing the Intermediate Examination he entered University College London, qualifying in 1891, taking his M.D. and gaining gold medals in 1892 and 1893. He was elected a Fellow of University College London in 1898. As medical practices had, at that time, either to be purchased or inherited, Harold Richards took a salaried post as Medical Officer of Health for Chesterfield and Dronfield (Derbyshire), soon moving to Croydon. After his work at Cardiff, he transferred, in 1920, to the Ministry of Health in London, responsible for the medical and hospital aspects of the Local Government Act, 1929 (Anon. 1943 a, b ). He retired in 1930 and died in 1943. His obituaries recorded that he was ‘excessively shy and modest’, that he always ‘overworked’ and had markedly high standards (Anon. 1943 a, b ). Such comments would be equally true of Owain.


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