Das Unternehmensinteresse - Maßstab für die Organwalter der Aktiengesellschaft

2020 ◽  
Author(s):  
Claudia Schubert
Keyword(s):  
Corporate Social Responsibility ◽  
Public Interest ◽  
Company Law ◽  
Public Interests ◽  
The Public ◽  
German Company ◽  
German Legislation ◽  
Ongoing Development ◽  
Corporate Social

The so-called company interests determine the directors’ duties within a corporation. There has been an ongoing discussion of this term in German company law for the last 100 years. Recently, it has been receiving new impetus through the ongoing development of corporate social responsibility and the debate about sustainability and the commitment of companies to the pursuit of public interests. To date, German legislation remains unchanged, but the key provision of the French Civil Code (Art. 1832) has been altered in 2019. Against this backdrop, this book analyses company interests as a crucial standard for directors’ duties, their derivation and repercussions. The directors have to ensure the long-term viability of the company, taking into account the benefit of its shareholders as a whole, as well as the interests of the company’s employees. Additionally, the company’s interest, in protecting its reputation, serves as a gateway for the director’s regard to the company's business relationships, business conduct and the public interest, but at the same time, it sets limits for this regard. Further limitations to protect public interests need prohibition statutes.

scholarly journals CSR Practices and the Political Corporation in Law

2020 ◽  
Vol 4 (2) ◽  
pp. 119-123
Author(s):  
Anna Beckers
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Public Interest ◽  
The Political ◽  
Public Interests ◽  
The Public ◽  
Corporate Social

In her article ‘Corporate Social Responsibility: The Great Shell Game’, Ellen Hertz suggests that there is an inherent danger of corporate social responsibility (CSR) to obscure the public/private divide. By means of strategically engaging with public interests, corporate CSR practices – that according to Hertz are practices deriving from the market – are able ‘to preempt and discredit attempts to define and carry out policies designed to protect the broader public interest’. CSR should be seen as ‘remediation at best’ that ideally needs to be replaced by ‘rules for business’ created by ‘the public’ and not those created by companies themselves.

scholarly journals Addressing inequality in Malaysia through corporate social intrapreneurship

2018 ◽  
Vol 53 ◽  
pp. 01001
Author(s):  
Asrif Omar Che Yusoff
Keyword(s):  
Corporate Social Responsibility ◽  
The Public ◽  
Global Context ◽  
The Past ◽  
The Subject ◽  
The Government ◽  
Corporate Social ◽  
Coordination And Collaboration ◽  
Social Sectors

Inequality has been a long standing issue in Malaysia, although the situation has been statistically improving over the past 40 years. From a Gini coefficient of 0.51 in 1970, the government has done considerably well to bring the figure down to 0.39 in 2016. Efforts toward improving the situation are aplenty, but there is room for improvement in terms of the coordination and collaboration of initiatives that are carried out within the public, private, and social sectors. This paper explores the idea of corporate social intrapreneurship as a potential vehicle to mitigate inequality in the country for the long term. Through the analysis of existing literatures and data on the subject, the aim is to first of all, provide a historical and global context on how the roles of corporation have evolved over the years, discuss the transformative views on social intrapreneurship against traditional corporate social responsibility, and offer considerations to further corporate social intrapreneurship initiatives through public-private partnerships in Malaysia.

scholarly journals How Corporate Social Responsibility Can Contribute To Growth Strategy

2015 ◽  
Vol 21 (1) ◽  
pp. 160-164
Author(s):  
Petr Cech ◽  
Marie Dohnalova
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Hotel Industry ◽  
Growth Strategy ◽  
The Public ◽  
Social Strategy ◽  
Potential Strategy ◽  
Corporate Social ◽  
A Company

Abstract The slow growth of the economy requires an adequate response, even from companies in the hotel industry. In order to achieve an increase in turnover, they can react with a change of strategy, or cost cutting. The use of corporate social responsibility has been identified as one potential strategy of growth. Corporate social strategy is based on three traditional crucial factors that include social, economic and ecological values. The authors of this contribution analyse the possibilities to achieve an outstanding reputation of a company in the field of corporate social responsibility in order to gain the support of the public and stakeholders. They refer to the fact that corporate social responsibility is one possible way to achieve long-term profitable growth in the field of the hotel industry, even in a complex economic development.

The Effect of Sanctions on Cooperative Behavior: A Study on Medium Trust Individuals in the Context of Corruption

2018 ◽  
Vol 34 (1) ◽  
Author(s):  
Dewi Rosiana ◽  
Achmad Djunaidi ◽  
Indun Lestari Setyono ◽  
Wilis Srisayekti
Keyword(s):  
Logistic Regression ◽  
Public Interest ◽  
Logistic Regression Model ◽  
Cooperative Behavior ◽  
Research Subjects ◽  
Chi Square ◽  
Public Interests ◽  
The Public ◽  
Chi Square Analysis ◽  
Personal Interests

This study aims to describe the effect of sanctions (individual sanctions, collective sanctions, and absence of sanctions) on cooperative behavior of individuals with medium trust in the context of corruption. Both collective sanctions and individual sanctions, are systemic, which means sanctioning behavior is exercised not by each individual but by the system. Cooperative behavior in this context means choosing to obey rules, to reject acts of corruption and to prioritize public interests rather than the personal interests. Conversely, corruption is an uncooperative behavior to the rules, and ignores the public interest and prioritizes personal interests. Research subjects were 62 students. The Chi-Square Analysis was used to see the association between the variables and the logistic regression model was applied to describe the structure of this association. Individual sanction is recommended as punishment to medium trust individuals to promote cooperative behavior in the context of corruption. The results showed that individuals with medium trust had more cooperative behavior.

Approaches to Supporting Local and Community Development

2018 ◽  
Author(s):  
Liesel Mack Filgueiras ◽  
Andreia Rabetim ◽  
Isabel Aché Pillar
Keyword(s):  
Large Scale ◽  
Mining Company ◽  
The Sustainable Development ◽  
Social Partnership ◽  
The Public ◽  
Mining Investment ◽  
The Social ◽  
Corporate Social

Reflection about the role of community engagement and corporate social investment in Brazil, associated with the presence of a large economic enterprise, is the major stimulus of this chapter. It seeks to present how cross-sector governance can contribute to the social development of a city and how this process can be led by a partnership comprising a corporate foundation, government, and civil society. The concept of the public–private social partnership (PPSP) is explored: a strategy for building a series of inter-sectoral alliances aimed at promoting the sustainable development of territories where the company has large-scale enterprises, through joint efforts towards integrated long-term strategic planning, around a common agenda. To this end, the case of Canaã dos Carajás is introduced, a municipality in the State of Pará, in the Amazon region, where large-scale mining investment is being carried out by the mining company Vale SA.

Company Law

2018 ◽  
Author(s):  
Simon Butt ◽  
Tim Lindsey
Keyword(s):  
Corporate Governance ◽  
Corporate Social Responsibility ◽  
Mergers And Acquisitions ◽  
Foreign Investment ◽  
Corporate Crime ◽  
Codes Of Conduct ◽  
Company Law ◽  
Reporting Requirements ◽  
Governance Regime ◽  
Corporate Social

This chapter deals with the law regulating business vehicles in Indonesia. The principal focus of the chapter is companies (including publicly listed companies, foreign investment, and shari’a companies) but it also covers partnerships, cooperatives, and state-owned enterprises, as well as the different regulations that apply to each. It explains the rules governing shares and capital, and directors and commissioners, as well shareholders’ rights, including in relation to general meetings. The rules for mergers and acquisitions are covered, as are corporate audit and reporting requirements. The chapter then summarizes the corporate governance regime applied in Indonesia through a mix of legislative provisions, codes of conduct, and other rules, including corporate social responsibility obligations. It also explains Indonesia’s corporate crime regime.

scholarly journals Reimagining Corporate Social Responsibility in the Era of COVID-19: Embedding Resilience and Promoting Corporate Social Competence

2021 ◽  
Vol 13 (12) ◽  
pp. 6548
Author(s):  
Jingchen Zhao
Keyword(s):  
Corporate Social Responsibility ◽  
Social Competence ◽  
Social Responsibility ◽  
Business Models ◽  
Institutional Environment ◽  
Company Law ◽  
The Sustainable Development ◽  
Ex Ante ◽  
Inclusive Business ◽  
Corporate Social

The debate over corporate objectives and how companies deal with amplified existing societal inequalities and vulnerabilities has received increasing attention in recent years, especially in the wake of the COVID-19 crisis. The pandemic encouraged companies and policy makers to consider ways to develop a more enabling institutional environment, not only to tackle the ongoing crisis but also to prepare for similar future tests. Against this backdrop, the purpose of this paper is to focus on the significance and effectiveness of ex ante corporate social responsibility (CSR) law approaches in tackling the challenges brought by the pandemic. We investigate the uniqueness of the sustainable development challenges in the era of the pandemic, and introduce “corporate social competence” as a compliance principle in response to the need for forward-looking approaches to risk management and strategic planning. We use two ex ante legislative approaches in company law, namely mandatory CSR policy and legally recognised inclusive business models, as examples to illuminate the contribution of company law to navigate the pandemic beyond philanthropic CSR actions.

scholarly journals Time-Based Corporate-Social-Responsibility Evaluation Model Taking Chinese Listed Forestry Companies as an Example

2021 ◽  
Vol 13 (14) ◽  
pp. 7971
Author(s):  
Xinfei Li ◽  
Baodong Cheng ◽  
Heng Xu
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Evaluation Model ◽  
Rapid Development ◽  
Entropy Method ◽  
Static State ◽  
Different Types ◽  
Normative Constraints ◽  
Corporate Social

With the rapid development of the economy, corporate social responsibility (CSR) is receiving increasing attention from companies themselves, but also increasing attention from society as a whole. How to reasonably evaluate the performance of CSR is a current research hotspot. Existing corporate-social-responsibility evaluation methods mostly focus on the static evaluation of enterprises in the industry, and do not take the time factor into account, which cannot reflect the performance of long-term CSR. On this basis, this article proposes a time-based entropy method that can evaluate long-term changes in CSR. Studies have shown that the completion of CSR in a static state does not necessarily reflect the dynamic and increasing trend of CSR in the long term. Therefore, the assessment of CSR should consider both the static and dynamic aspects of a company. In addition, the research provides the focus of different types of forestry enterprises in fulfilling CSR in the long term, and provides a clearer information path for the standard identification and normative constraints of different types of forestry enterprises CSR.

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