Governance of Government Undertakings in the Netherlands: Ensuring Public Interests. Adapting the Objective in the Articles of Association of a Public Limited Liability Company to Better Suit the Protection of Public Interests

2015 ◽  
Author(s):  
Jelle Nijland
2021 ◽  
pp. 1-12
Author(s):  
Peng Chen ◽  
Yingzhi Nie

Based on the company cases published in China over the past ten years, both theoretical methods and Artificial intelligence technologies were applied to analysis cases data on the effectiveness of clauses restricting equity transfer in articles of association of limited liability companies (LLCs). With its unique characters based on shareholders and strong vitality, limited liability company (LLC), as the “evergreen tree” among the market players, is a company form adopted by many investors. Nevertheless, due to its prominent closed characteristics, equity transfer has become a bottleneck for the development of LLCs. According to this paper, it is necessary to distinguish between the effectiveness of clauses restricting internal and external equity transfer in articles of association of LLCs. Fuzzy Analytic Hierarchical Process (AHP) is utilized for which involves process of analytic hierarchy modelled with utilizing theory of fuzzy logic. Moreover, instead of being confined to the existing legal norms, the judgment standard of clauses restricting equity transfer in articles of association of LLCs should be comprehensively measured by the golden rules, i.e. “fairness”, “autonomy” and “operability”.


Author(s):  
Yulia Fanilevna Aitova ◽  

The article analyzes the issue of determining the legal status of the individual management body of a limited liability company. The author begins his research with the concept of legal status existing in the general theory of law, and then proceeds to consider the issue from the point of view of philosophical categories. In addition, the work explores the diversity of points of view existing in the doctrine regarding the legal status of the individual management body of economic societies.


Author(s):  
Sonia J. Toson

This article reviews the body of literature concerning low-profit limited liability companies and conducts a critical analysis of the “flaws” frequently cited in the literature as problematic within the form. Analysis of the low-profit limited liability company (L3C) is conducted in the larger, global context of social enterprise, with emphasis on the social purpose company of Belgium and the community interest company of the United Kingdom as points of comparison. Findings demonstrate that the most commonly stated criticisms of L3Cs are in fact inaccurate. A deeper critical analysis of the form reveals that this choice of entity is advantageous on several levels for both social entrepreneurs and private charitable foundations. This piece furthers the literature by dispelling the myths surrounding L3Cs, providing counterarguments to the existing criticisms of the form and providing the business community with accurate information regarding the benefits of L3Cs for social enterprise.


2019 ◽  
Vol 68 (7) ◽  
pp. 1208-1234 ◽  
Author(s):  
Muhammad Irfani Hendri

Purpose The purpose of this paper is to test the effect of organizational learning on employees’ job satisfaction, the effect of organizational learning on the employees’ organizational commitment, the effect of the organizational learning on employees’ performance, the effect of job satisfaction on the employees’ performance and the effect of organizational commitment on employees’ performance in PTPN XIII (Limited Liability Company) in West Kalimantan. Design/methodology/approach The population in this research refers to all employees of PTPN XIII (Limited Liability Company) in West Kalimantan, with the criteria that the employees are from class III‒IV (population of access). The size of the sample is determined by using the partial least square approach, which is 10 times of the size of formative indicator, that is, job satisfaction with five indicators plus employee performance with eight indicators, with the total being 13 × 10 = 130 employees. The sampling method used is proportional random sampling technique, which is based on work area (three working areas: Head Office, West Kalimantan I District and West Kalimantan District II). Findings Learning organization has a significant and positive effect on job satisfaction and organizational commitment, but it has no significant effect on the employee performance. Job satisfaction and organizational commitment have a significant effect on employee performance. Originality/value The phenomenon that existed in PTPN XIII (Limited Liability Company) and referring from various previous research results, the study regarding employee performance was conducted using organizational learning variable as an exogenous variable and using job satisfaction and organizational commitment variable as an intervening variable. Robbins (1996) revealed that the relationship between organizational learning and performance is not very close. It is necessary to have other variables that can reinforce the relationship and to determine the extent to which the organizational learning can contribute to the improvement of the performance.


2021 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Bella Mutiara Wahab

AbstractProgressive law must place the law in a very close position with the law's community or stakeholders. This position is called responsive, progressive law and is always associated with stakeholders' reality and needs to create justice and happiness as law aspired itself. Also, progressive law emphasizes social integration to overcome public moral insularity.Starting from the viewpoint of progressive law, the author looks at the laws and regulations that discuss the return of interim dividends as stated in the Limited Liability Company Law No. 40 of 2007, article 72, article 72 states that companies allow rules related to dividend distribution in a temporary (interim) way. The article is then interpreted as that if the company has positive profits, the company is allowed to distribute dividends before the company closes the book at the end of the year, provided that the board of directors officially announces the distribution with the approval of the GMS that the positive profits obtained by the company before closing the book will come as dividends interim. As a result, the company competes to distribute interim dividends to increase and show its credibility to investors. It was recorded on the Indonesian stock exchange (IDX) that in September 2020, 73 companies distributed interim dividends.However, article 72 paragraph 5 of the Limited Liability Company Law No. 40 of 2007 explains that if after the company distributes interim dividends to shareholders and at the end of the closing of the annual book the company suffers a loss, the shareholders must return the dividends they have received. If the shareholder does not return it, the directors and commissioners are jointly responsible for covering the company's losses.This viewpoint is the basis for finding the location of the value and form of legal progressivity regarding the mechanism of interim share dividends in limited liability companies as stated in UUPT No.40 of 2007 Article 72 using a normative research method with a conceptual approach. 


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