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1
S, Parimala. "A study on passenger satisfaction level of AirAsia India." Trends in Banking, Accounting and Business 1, no. 2 (December 1, 2022): 104–18. http://dx.doi.org/10.46632/tbab/1/2/6.
Повний текст джерелаАнотація:
French pilot Monseigneur Piguet flew the first commercial flight in India from Allahabad to Naini on February 18, 1911. However, it wasn’t until 1932 that Jahangir Ratanji Dadabhoy, the ‘Father of Indian Aviation’, established India’s first licensed commercial carrier.1 Tata Airlines was based out of Mumbai and transported both mail and passengers across India. In 1946 it changed its name to Air India. Two years later, the Indian Government acquired 49% of the company, and fully nationalized the airline in 1953 pursuant to the Air Corporations Act, 1953.2 this law not only allowed the Government to gain control over the erstwhile Tata Airlines, but also nationalized the entire sector. All existing airlines were merged into either Indian Airlines Corporation or Air India International.3 This monopoly continued for the next forty years. It wasn’t until the Indian economic liberalization of the 1990’s that the aviation sector was again open to private participation.
2
Ritika, K. "Pre-emptive Rights of Shareholders: An Indian Perspective." Business Law Review 44, Issue 1 (January 1, 2023): 44–51. http://dx.doi.org/10.54648/bula2023002.
Повний текст джерелаАнотація:
Pre-emptive rights are legal relationships either created by a statute or through a contract. By the exercise of these rights, priority is given to the right holder over and above others as regards the potential acquisition of the relevant subject matter. Only upon refusal by such right holder, is this opportunity given to a third party to negotiate. In India, the statutory pre-emptive rights of a shareholder in a company have been recognized statutorily through the Companies Act, 2013, as well as by the extant security exchange laws. Whereas, in the case of contractual pre-emptive rights, they are enforced as per the Indian Contract Act, 1872. As per the statutorily recognized pre-emptive rights, the rights are held by the shareholders of a corporation by virtue of which additional shares shall not be issued by the company to a third party, without the shares first being offered to all its existing shareholders. In the case of the contractual pre-emptive rights, they are, typically, an arrangement between the shareholders of the corporation that, in the case of transfer of shares, the exiting shareholder shall first offer those shares to the non-exiting one. It leads to great confusion for many, as the context in which the term is used statutorily and contractually varies to a great degree. Through this article, an attempt is made to discuss the concept of pre-emptive rights in a company, its statutory and contractual presence in companies regulated as per the laws of India and review judicial developments and understand its relevance in today’s time. Rights Issue, Companies, Public Company, Private Company, Indian Companies Act, 2013, Indian Contract Act, 1872, Pre-emptive Rights, Statutory Pre-emptive Rights, Contractual Pre-emptive Rights, Right of First Refusal, Right of First Offer
3
Galanti, Paul J. "Indiana Nonprofit Corporation Act." Indiana Law Review 25, no. 4 (January 4, 1992): 999–1028. http://dx.doi.org/10.18060/2980.
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Basu, Tamal, and P. S. Aithal. "Financial Growth of Private Non-life Insurers in India: A Trend Analysis." International Journal of Management and Development Studies 11, no. 09 (September 30, 2022): 01–07. http://dx.doi.org/10.53983/ijmds.v11n09.001.
Повний текст джерелаАнотація:
In the non-life insurance sector, General Insurance Business Act of 1972 was approved by the Indian Parliament through amalgamation of 107 general insurance companies operating on that time. In the non-life insurance segment, there are 6 public sector insurers and the rest 28 are private insurers. Apart from these, there is a sole national re-insurer, namely general Insurance Corporation of India (GIC). In this context, the study attempts to analyze the financial growth of the private non-life insurers in India from 2010-11 to 2019-20. Varied results are observed in respect of selected performance indicators of private non-life insurers in India. Overall, we found no significant change in financial recital indicators during the study epoch. To conclude, it may be stated on the whole, it may be stated that despite momentous positive enlargement in FDIR, the private non-life insurers in India have not shown acceptable recital with respect to financial indicators during the time under study.
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Sobrun-Maharaj, Amritha, Samson Tse, and Ekramul Hoque. "Barriers experienced by Asians in accessing injury-related services and compensations." Journal of Primary Health Care 2, no. 1 (2010): 43. http://dx.doi.org/10.1071/hc10043.
Повний текст джерелаАнотація:
INTRODUCTION: The Accident Compensation Corporation (ACC) administers New Zealands (NZ) accident compensation scheme. Asians in NZ are apparently under-serviced by ACC and may be experiencing barriers to accessing services. This study identifies barriers that Asians in NZ face in accessing ACCs injury-related services and compensations. METHODS: By utilising a qualitative research design, 113 Chinese, Korean, Indian, and South East Asian participants residing in Auckland, NZ were recruited through maximum variation and purposive snowball sampling. Data were gathered during 2006 through 22 individual in-depth interviews and 14 focus group discussions based on semi-structured interview schedules. Interviewees included Asian general practitioners, traditional health providers, users and non-users of injury-related services, case managers and Asian community leaders. Data were analysed using a general inductive approach. FINDINGS: Results show that personal/cultural characteristics such as age, gender, English language competence, injury-related language competence, differing Asian worldviews, and consequent helpseeking behaviours act as barriers to accessing services and entitlements. This is exacerbated by logistical and environmental factors such as cost, transport, time, inadequate interpretation and translation services, as well as institutional barriers such as lack of information about services, culturally inappropriate services, discriminatory attitudes and employment risks. CONCLUSION: It is evident that Asians living in NZ are experiencing several cultural, environmental and institutional barriers to accessing ACC services. There is clearly a need for more culturally relevant information and injury-related services if Asian immigrants use of such services and entitlements is to be increased. KEYWORDS: Barriers; access; Asians; injury-related services
6
Shaheed Khan, Freeda Maria Swarna M, and R. Kannan. "Airlines in India, the era of Sustainable Leadership through new ‘Business Combinations’ in reshaping the tourism and hospitality Industry." international journal of engineering technology and management sciences 7, no. 4 (2023): 214–34. http://dx.doi.org/10.46647/ijetms.2023.v07i04.031.
Повний текст джерелаАнотація:
India was one of the earliest to have an Airline of its own when the Tata Group started an Airline in 1932. Post-Independence, Tata Airline which was rechristened as Air India was taken over by the Government in 1953. Then it was the tumultuous growth, development, and unfortunate fall of Air India/Indian Airlines. By 1991 the 1953 Law of Airlines (Air Corporation Act) was repealed and Private Airlines came into the picture. After which Indian skies underwent a phenomenal change. The research paper will focus on the way private sector has provided for Leadership on the Airline Segment through ‘business combinations’ that have helped ensure a versatile business segment. With coming back of the Tata group into the Airline business with Vistara and Air Asia India and the final take-over of Air India on 27th January 2022, Airlines was seeing a new Leadership emerge. Coming on page of Akasa Airline too has brought about a phenomenal business opportunity and a fillip for tourism and hospitality.
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Ferus-Comelo, Anibe. "CSR as corporate self-reporting in India's tourism industry." Social Responsibility Journal 10, no. 1 (February 25, 2014): 53–67. http://dx.doi.org/10.1108/srj-11-2012-0144.
Повний текст джерелаАнотація:
Purpose – This paper seeks to illuminate contemporary corporate social responsibility (CSR) in India's tourism industry. It aims to analyse the community impact of two Indian five-star hotels operating in Goa, a tiny coastal state. Design/methodology/approach – The study applies a case study method to examine the employment and environmental practices of the Vivanta by Taj and Leela Kempinski. Qualitative research methods were used, including interviews with management, community leaders, and workers. Secondary data were gathered from company web sites and promotion materials as well as applications under the national Right to Information Act to access official records in the pertinent government bodies. Findings – An analysis of the findings shows that CSR in India's tourism industry is currently limited to corporate self-reporting on indicators of the companies' choice or, in some cases, the minimum required by regulatory bodies. In the absence of tight regulatory oversight and pressure from local civil society, company reports present a one-way channel of communication of the companies' perception and practice of CSR. The paper concludes that the industry has yet to move beyond traditional philanthropy to embrace contemporary principles of CSR which include corporate transparency, multi-stakeholder engagement, and community empowerment. Originality/value – The paper demonstrates the limits of CSR in an analysis of the actual practice, rather than just communication of CSR. By examining two Indian hotels' CSR practices from the perspective of external stakeholders, the paper contributes empirical data that highlights the role of CSR beyond the interests of the corporation in its relevance to the community. The study suggests areas for further research that add to the body of knowledge about CSR in India.
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Pinnamaneni, Lekhna, Anupama Verma, and P. Shrivastava. "The Market Share Growth of the Paddy Seed in Bhoodan Pochampally Market of Yadadri Bhuvangiri District in Telangana." Asian Journal of Agricultural Extension, Economics & Sociology 41, no. 5 (April 18, 2023): 121–26. http://dx.doi.org/10.9734/ajaees/2023/v41i51908.
Повний текст джерелаАнотація:
Before Independence in 1925 Royal Commission on Agriculture was involved in the production and distribution of seeds and quality, improved seeds were imported from Australia, the UK, USA, Germany, etc., until 1939. Later on, the National Seed Corporation (NSC) was established in 1963, and the Indian Seed Act was enacted in 1966, which resulted in the production of quality and improved seeds with proper seed certification and standards. Rice is the chief crop grown in India with a total cultivation area of 44 Mha and total production of 117.47 MT. A study was organized to examine the market share of paddy seed in the Bhoodan Pochampally market and Yadadri Bhuvangiri district in Telangana. The study is based on primary data, which was collected from distributors and farmers through a pre-tested interview schedule, and secondary data, which was collected from the district department of agriculture, the district planning and statistical office, and various websites. Among those 4 mandals, 5 villages from each Mandal that means 20 villages were selected randomly for data collection. Form every village, 10 farmers were selected randomly. Out of the total 200 farmers, marginal farmers (up to 1 Ha) were12%, small (1 to 2 Ha) were 37%, semi-medium (2-4 Ha) was 29%, medium (4-10 Ha) were 16% and large farmers (above 10 Ha) were 6%. It was found that among the three types of paddy, open-pollinated paddy has the highest market share in the market area, i.e., 12,95,000 kg (79 percent), followed by research paddy, i.e., 1,95,650 kg (12 percent), and hybrid paddy, i.e., 1,55,750 kg (9 percent) in the market area.
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Warne, Donald. "Policy Issues in American Indian Health Governance." Journal of Law, Medicine & Ethics 39, S1 (2011): 42–45. http://dx.doi.org/10.1111/j.1748-720x.2011.00564.x.
Повний текст джерелаАнотація:
Perhaps the most significant law affecting the provision of health services to the American Indian and Alaska Native (AI/AN) population is the Indian Self-Determination and Education Assistance Act of 1975 (ISDEAA, PL 93-638). This Act allows tribes to assume the management and control of health care programs from Indian Health Service (IHS) and to increase flexibility in health care program development. Under ISDEAA, tribes have the option to contract or compact with IHS to deliver health services using pre-existing IHS resources (formula-based shares tables determine funding for various IHS sites), third party reimbursements, grants, and other sources. Typically, tribes develop their own non-profit health care corporations to provide services to their community, and as a result are eligible for grants and other types of funding not available to federal agencies like IHS.
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Gribov, Nick D. "Obligations of Corporation Members." Pravosudie / Justice 3, no. 1 (March 25, 2021): 128–47. http://dx.doi.org/10.37399/2686-9241.2021.1.128-147.
Повний текст джерелаАнотація:
Introduction. The article is devoted to the analysis of the obligations of corporation members in Russian and foreign law. In the Russian and foreign doctrines, attention is paid to the duties of directors or controlling persons. Therefore, the legal question of the obligation of the corporation members is of high scientific interest. Theoretical Basis. Methods. The author analyzed the doctrines of corporate law in Russian and foreign science. In the process of studying the obligations of the corporation members, the au- thor relied on systemic, comparative methods, and a problem-theoretical method of research. Results. Specific obligations of the corporation members are considered. The issues arising in the field of legal content and implementation of several obligations of the corporation members are outlined. The obligation to act in good faith has been differentiated from the obligation to pre- vent actions aimed at an abuse of rights. Based on the analysis of foreign literature, the fiduciary duty of the corporation members is demonstrated. The responsibilities of the corporation mem- bers for non-performance of obligations are also highlighted. Discussion and Conclusion. As a result of the research, the author concludes that the responsi- bilities of the corporation members should be divided into two categories, namely basic and addi- tional. The basic obligations of the corporation members should include the following: to prevent abuse of corporate rights, to act in good faith, to participate in the formation of the corporation’s property, not to disclose confidential information about the corporation’s activities, to notify the corporation and its members in advance of their intention to file a directive claim, and to disclose information. The obligation to act in good faith and the obligation to prevent actions aimed at abusing the right differ in their content. The fiduciary duty of the members of the corporation is, in fact, the same as the obligation to act in good faith. Failure by a member to comply with cor- porate obligations may entail the following measures of corporate responsibility: exclusion of the participant from the corporation, suspension of voting rights, financial sanctions.
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Kim, Yun-shik. "A Study on Redemptive Right in Agriculture." Korean Journal of Agricultural Management and Policy 49, no. 4 (December 30, 2022): 674–85. http://dx.doi.org/10.30805/kjamp.2022.49.4.674.
Повний текст джерелаАнотація:
The redemption right, or the right to repurchase, is generally given to legal entities to guarantee their ownership of the Constitution. The repurchase right is currently prescribed in three acts, the Civil Act, the Act on Acquisition of and Compensation for Land for Public Works Projects, and the Korea Rural Community Corporation and Farmland Management Fund Act. However, there are some differences in meaning, validating points and conditions, and related entities of respective law. In 2020 the article prescribing the 10-year redemption right of the Act on Acquisition of and Compensation for Land for Public Works Projects was adjudicated that the article is not compatible with the property right of the Constitution by the Constitutional Court of Korea. Upon the adjudication, the question has arisen whether it affects the repurchase right of the Korea Rural Community Corporation and Farmland Management Fund Act or not. If it does, the related article should be revised and the related policy should also be changed. However, if it does not, the government and the corporation can keep the current policy without any change in the article. Reviewing the applicability of the adjudication to the Korea Rural Community Corporation and Farmland Management Fund Act, it is concluded that the redemption right of the Act is different from that of the Act on Acquisition of and Compensation for Land for Public Works Projects and that there is no need to apply the adjudication to agriculture.
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Gill, Harsheen. "Analysis of financial liquidity and predicting the bankruptcy risk of Indian cement companies." Journal of Management Research and Analysis 9, no. 2 (June 15, 2022): 53–60. http://dx.doi.org/10.18231/j.jmra.2022.012.
Повний текст джерелаАнотація:
Liquidity is important to the efficient running of any business. Maintaining liquidity on a daily basis is a critical part of managing working capital to guarantee that the company works effectively and achieves its obligations.Efforts to boost profitability, on the other hand, are likely to lower businesses' liquidity, and a focus on liquidity may have an adverse effect on profitability. The study's major goal was to determine if organizations can make a profit while retaining essential liquidity, or whether they are willing to compromise liquidity to make a bigger profit. The data has been analyzed using Motaal's Liquidity Assessment Test and Spearman's Rank Coefficient of Correlation. This study makes an attempt to examine the link between the sample businesses' liquidity and profitability, as well as the possibility of bankruptcy. Among the ten selected cement companies, UltraTech Cement, Shree Cement, Ambuja Cement, ACC, J.K. Cement, Ramco, Birla Corporation, JK Lakshmi, Rain Industries, and India Cement, UltraTech Cement, Shree Cement, Ambuja Cement, ACC, J.K. Cement, Ramco, Birla Corporation, JK Lakshmi, Rain Industries, India Cement and UltraTech. Shree Cement, according to Motaal's liquidity test, has the best liquidity status.
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Lie, Hendrik, Fadiyah Ramadhani Putri, and Inggrid Florencya Tanlilessy. "Tindak Pidana Penyuapan oleh Korporasi dari Sudut Pandang Teori Identifikasi." Al-Jinayah Jurnal Hukum Pidana Islam 6, no. 1 (June 12, 2020): 202–28. http://dx.doi.org/10.15642/aj.2020.6.1.202-228.
Повний текст джерелаАнотація:
Corporations can become legal subjects of criminal acts of corruption and be criminalized under the Law on the Eradication of Corruption in Indonesia. One of the theories that can be used to make corporations as perpetrators of criminal acts of corruption is the identification theory. It sees the actus reus and mens rea of ??the management as a reflection of the actus reus and mens rea of ??the corporation itself so that the actions of the management must be considered the actions of the corporation. As a result, it is interesting to analyze whether a corporation can be held responsible for the bribery crime committed by corporate management to benefit the corporation from the identification theory? This research is a normative juridical study using a statutory approach and a conceptual approach, to conclude that a corporation can be convicted if the corporation has fulfilled the elements of the criminal act of bribery, and has actus reus and mens rea in committing the act. Based on these results, the Corruption Eradication Commission should emphasize the form of criminal responsibility by corporations and managers for corporate actions and management in carrying out corruption cases committed in the interest of the corporation.
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J.P.D. "Indiana Court Denies Pharmaceutical's Claim Under Blood Shield Act." Journal of Law, Medicine & Ethics 24, no. 1 (March 1996): 74–75. http://dx.doi.org/10.1017/s1073110500004617.
Повний текст джерелаАнотація:
The Indiana Court of Appeals, in JKB, Sr. v. Armour Pharmaceutical Co. (No. 49A029506CV341, 1996 WL 22708 (Ind. Ct. App. Jan. 24, 1996)), held that the state's Blood Shield Act does not protect pharmaceutical companies that produce blood-derived products from product liability suits based on injuries attributable to tainted blood supplies. Blood shield statutes help to guarantee adequate blood supplies by limiting the liability of blood banks. This holding limits the defenses available to pharmaceutical companies sued under product liability theory.The defendant, Armour Pharmaceutical, produces and sells clotting factor agents, which are derived through plasmapheresis. Plasmapheresis is a costly and complex donation process through which the plasma and red blood cells of a donor's blood are separated. After separation, the process returns the red blood cells to the donor but retains the plasma.
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Mahmud, Ade. "URGENSI DAN SISTEM PERTANGGUNGJAWABAN PIDANA KORPORASI SEBAGAI PELAKU TINDAK PIDANA KORUPSI." Jurnal Hukum Mimbar Justitia 8, no. 1 (June 30, 2022): 70. http://dx.doi.org/10.35194/jhmj.v8i1.2085.
Повний текст джерелаАнотація:
The issue of criminal liability for corporations continues to be a concern for academics, practitioners and the business world because it always invites problems about who should be responsible for acts of corruption involving corporations. This study aims to analyze the urgency of corporate responsibility as perpetrators of corruption and the system of corporate responsibility in corruption. This study uses a normative juridical approach with secondary data analyzed descriptively qualitatively The results of the study show that the criminal liability of corporations as perpetrators of criminal acts of corruption is legally absolute as long as it can be proven that the act was intended for the benefit of the corporation, meaning that the actus reus mens rea in the management is considered as the evil intention of the corporation so that the corporation is very relevant to be burdened with criminal responsibility. The corporate criminal responsibility system which is considered appropriate for corruption is a responsibility system that places the corporation as the maker of the corporation that must be responsible even though in fact the act was carried out by the management but the action is seen as a corporate action.Keywords: Corruption, Corporate Liability.
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Urtiaga, María Gutiérrez. "A contractual approach to the regulation of corporate directors’ fiduciary duties." Corporate Ownership and Control 1, no. 3 (2004): 72–80. http://dx.doi.org/10.22495/cocv1i3p7.
Повний текст джерелаАнотація:
Traditional American corporation statutes state that the business and affairs of the corporation shall be managed by a board of directors who act as fiduciaries of the corporation. The purpose of this paper is to explain the economic logic underlying the regulation of corporate directors’ fiduciary duties, placing special emphasis on the consequences of the adoption of protective measures for the directors such as indemnification and liability insurance.
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Gately, D. J. "QUEENSLAND PETROLEUM ACT REVIEW AND REFORM." APPEA Journal 29, no. 1 (1989): 72. http://dx.doi.org/10.1071/aj88011.
Повний текст джерелаАнотація:
On 12 May 1988 amendments to the Queensland Petroleum Act of 1923 came into force. These empower the Governor- in- Council to appoint a Pipelines Tribunal to inquire into the operations of any existing or proposed pipeline. The Act now affirms the existence of the Secretary of Mines as a Corporation which can undertake all the aspects of an oil company from exploration to distribution of refined products. In particular, this corporation now has the sole right to construct and operate any pipeline in Queensland which extends beyond the boundaries of a lease. There was little or no dialogue with industry prior to the proclamation of these amendments.In comparison with the Petroleum Acts of South Australia, Western Australia and the Northern Territory, the Queensland Petroleum Act contains many areas subject to ministerial discretion or which are no longer relevant to present- day administrative practices. The Queensland Government's proposal to issue a green paper discussing amendments to the Act, based on submissions from interested parties, is welcomed since it is in the interests of management of the exploratory oil industry to strive for uniformity of administration in each state.
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Jones, Tyler. "Paradise Lost: Contracting Away Immunity Under the Indiana Tort Claims Act." Indiana Law Review 50, no. 1 (January 5, 2017): 369. http://dx.doi.org/10.18060/4806.1141.
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Dobberstein, Michael. "The “Gigantic Swindle” of 1869–1872: Lessons Learned in Legislating the Draining of the Great Kankakee Marsh." Indiana Magazine of History 119, no. 3 (September 2023): 213–32. http://dx.doi.org/10.2979/indimagahist.119.3.01.
Повний текст джерелаАнотація:
ABSTRACT: Between 1869 and 1923, the government of Indiana sponsored the draining of the Great Kankakee Marsh and the straightening of the Kankakee River in northern Indiana. Reclaiming the vast marsh posed significant problems and required special legislation. In 1869, the legislature granted sweeping powers to a private corporation to drain the marsh. The company formed under this law, and the law itself, encountered bitter opposition from landowners, and created a storm of protest in the press, which attacked the company as a “gigantic swindle.” Public protests and attacks in the press forced the company to dissolve, and the legislature repealed the law. This article explores the brief unhappy life of the Kankakee Valley Draining Company; the reasons for the uprising against it; and the ways in which the General Assembly devised new legislation, and a more inclusive consensus, which would allow it eventually to accomplish its goal of replacing the Great Marsh with new farmland.
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Dobberstein, Michael. "The “Gigantic Swindle” of 1869–1872: Lessons Learned in Legislating the Draining of the Great Kankakee Marsh." Indiana Magazine of History 119, no. 3 (September 2023): 213–32. http://dx.doi.org/10.2979/imh.2023.a905287.
Повний текст джерелаАнотація:
ABSTRACT: Between 1869 and 1923, the government of Indiana sponsored the draining of the Great Kankakee Marsh and the straightening of the Kankakee River in northern Indiana. Reclaiming the vast marsh posed significant problems and required special legislation. In 1869, the legislature granted sweeping powers to a private corporation to drain the marsh. The company formed under this law, and the law itself, encountered bitter opposition from landowners, and created a storm of protest in the press, which attacked the company as a “gigantic swindle.” Public protests and attacks in the press forced the company to dissolve, and the legislature repealed the law. This article explores the brief unhappy life of the Kankakee Valley Draining Company; the reasons for the uprising against it; and the ways in which the General Assembly devised new legislation, and a more inclusive consensus, which would allow it eventually to accomplish its goal of replacing the Great Marsh with new farmland.
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Kang, Byeong Yeon. "A New Understanding of Corporation Punishment and Joint Penalty Provisions for Status Offenders under the Occupational Safety and Health Act." Kyung Hee Law Journal 58, no. 3 (September 30, 2023): 143–73. http://dx.doi.org/10.15539/khlj.58.3.5.
Повний текст джерелаАнотація:
In the case of a status offender with a status including a corporation, such as a “business owner” in the Occupational Safety and Health Act, there are many negatives on whether a natural person who is an employee of a corporation without a status can become a criminal subject under Joint Penalty Provisions. In addition, the negative theory states that natural people are not the subject of crime, so even corporations cannot be punished even if they are subject to Joint Penalty Provisions. On the other hand, the Supreme Court and some theories say that corporations can naturally be punished by the Joint Penalty Provisions, and that natural people can also be punished by viewing the phrase “in addition to punishing actors” in Joint Penalty Provisions. The Supreme Court's view conflicts with other precedents of the Constitutional Court and the Supreme Court on literary interpretation and is unconstitutional in violation of the principle of legality, while the majority theory raises concerns that both natural and legal persons cannot be punished.
Considering the constitutional Principle of Legality, the explicit provisions of the law should be more important. Unless there is a separate provision that excludes a corporation from a criminal subject, it can be constitutionally and reasonably resolved by interpreting the law as it is and directly recognizing the criminal capacity of the corporation as it is in the Penalty Clause. The logical premise is that the starting line for discussing this issue already stipulates that “a corporation is defined as a criminal subject in the Penalty Clause” In addition, if the Constitutional Court and the Supreme Court's precedents say that a natural person should recognize the independent responsibility of a corporation based on Joint Penalty Provisions, it is not necessary to assert that laws or legal provisions other than Joint Penalty Provisions cannot be the basis for a corporation to become a criminal subject. This argument is new, but it can be seen as an argument to apply it to the Occupational Safety and Health Act, which has explicit regulations, because there is already a claim to recognize the criminal capacity of a corporation for administrative offenders.
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Suryadi, Suryadi, Helmi Helmi, and Mispansyah Mispansyah. "Company Loans in Procurement of Goods Services Government Corruption Perspectives." Lambung Mangkurat Law Journal 7, no. 2 (September 28, 2022): 184–96. http://dx.doi.org/10.32801/lamlaj.v7i2.360.
Повний текст джерелаАнотація:
The purpose of this research is to analyze criminal acts committed by legal subjects who commit criminal acts of corruption in the procurement of goods and services of government agencies, namely by analyzing the subject in cases of corruption and criminal liability in terms of borrowing companies for the procurement of goods and / services for the government. This study uses a prescriptive normative legal research to find solutions to problems. The results of the research are: in criminal acts committed by the PT.MA corporation, which are asked to be criminally responsible for the Corporation or the Management, or the Corporation and the Management. If the corporate management of PT.CSL knows the intentions or actions committed by PT.MA employees, resulting in a criminal act of corruption, and PT.CSL benefits from these actions, then of course PT.CSL can be held criminally responsible, but if the management of PT.CSL do not know and the act of getting any benefit from acts of corruption committed by employees of PT. MA, then PT. CSL cannot be held criminally responsible.
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Baek, Kyoung-Hee, and Yeon-Hwa Chang. "A Study on the Regulation of Medical Law on the Opening and Operation of Medical Institutions in the Name of Medical Corporations: Focusing on the Supreme Court's 2017 Do 1807." Wonkwang University Legal Research Institute 39, no. 3 (September 30, 2023): 213–36. http://dx.doi.org/10.22397/wlri.2023.39.3.213.
Повний текст джерелаАнотація:
Under the Medical Law, medical practice has a characteristic of serving public interest, so profitability should not be pursued. Therefore, in principle, medical institutions can only be opened by medical personnel and those who fall under each subparagraph of Article 33 (2) of the Medical Act. However, it takes a considerable amount of money to open a medical institution, so it is not easy for individual medical personnel to handle it. For this reason, a so-called “Non—medical personnel hospital”, a form in which non-medical personnel raise the funds necessary to open medical institutions, open practical medical institutions, and hire medical personnel to operate medical institutions, appears.
Previously, although a medical institution formally appeared to be a legitimate one, if a non-medical person took the lead in opening and operating a medical institution, the Supreme Court considered it to be an illegal non-medial person medical institution. However, in the case of medical corporations, Section 2 of Chapter 3 of the Medical Act is separately regulated, and in addition to those stipulated in the Medical Act, the provisions on foundations under the Civil Act are applied mutatis mutandis. Therefore, in the case of a medical corporation, a legal personality is given to the substance of the contributed property, and the establishment of a medical corporation is possible only when a third party contributes to the property. At this time, a third party who contributed property can become a non-medical person, and in this situation, the non-medical person can be evaluated as playing a leading role in the opening and operation of a medical institution in the name of a medical corporation. According to the “Law of Leadership” established by the Supreme Court, this results in a violation of the qualification to open a medical institution, which is directly contrary to the regulation that non-medical personnel can legally intervene under the medical law.
Therefore, if a medical corporation complies with the prescribed regulations and procedures of a medical corporation under the Medical Act, there is a room for a differentiated judgment standard from other types of non—medical personnel hospital. It is reasonable that the majority opinion of the target judgment established a new additional standard for determining whether the opening and operation of medical institutions in the name of medical corporations is illegal. However, measures are required to prevent non-medical personnel from becoming a for-profit corporation by intervening in the operation of medical institutions for the purpose of pursuing profit. For example, it is necessary to consider directly and clearly controlling and sanction violations of the qualifications of medical institutions in the name of medical corporations through legislative procedures and inducing them to establish medical corporations in medical vulnerable areas through policies.
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Orji, Uchenna Jerome. "Legal Control of Toxic Assets in the Nigerian Banking Sector." Business Law Review 33, Issue 8/9 (August 1, 2012): 208–19. http://dx.doi.org/10.54648/bula2012051.
Повний текст джерелаАнотація:
This article presents an analysis of the provisions of the Asset Management Corporation of Nigeria (AMCON) Act and their relevance to the control of toxic assets in the Nigerian banking sector. It also looks at the efforts of the Asset Management Corporation of Nigeria (AMCON) in resolving toxic assets in the Nigerian banking sector and further highlights some challenges that will have to be addressed in order to enhance the achievement of the corporation's objectives in the banking sector.
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Cash, Daniel. "Why the US Justice Department Must Act Against Moodys Corporation." Business Law Review 37, Issue 6 (December 1, 2016): 220–21. http://dx.doi.org/10.54648/bula2016040.
Повний текст джерелаАнотація:
This short note discusses the importance of the decision facing the US Justice Department in the near future regarding whether or not to take action against Moody’s Corp. for its actions in the lead up to the Financial Crisis. Having already fined Standard & Poor’s a record USD 1.375 billion for defrauding investors, the Justice Department faces a much different proposition. This note establishes just some of the reasons why it is imperative that Moody’s is punished, even if ultimately the punishment is less noticeable than that given to Standard & Poor’s.
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Groth, William R. "Litigating the Indiana Photo-ID Law: Lessons in Judicial Dissonance and Abdication." PS: Political Science & Politics 42, no. 01 (January 2009): 97–101. http://dx.doi.org/10.1017/s1049096509090258.
Повний текст джерелаАнотація:
Following the 2004 elections Republicans assumed ascendancy in Indiana, capturing the governorship for the first time in 16 years, retaining control of the Senate and regaining control of the Indiana House of Representatives after eight years in political exile. This political development set the stage for the passage in April 2005 of the Indiana photo-ID law, also known as Senate Enrolled Act 483 (SEA), on a straight party-line vote. Two days after SEA 483 was signed into law by governor Mitch Daniels the Indiana Democratic Party (IDP) filed suit in federal district court in Indianapolis (IDP v. Rokita2006). The case was assigned in a blind draw to U.S. district judge Sarah Evans Barker, an appointee of President Reagan and a former U.S. attorney. The same day the Indiana chapter of the ACLU filed an action in Marion Superior Court,Crawford v. Marion County Election Board. The Indiana attorney general intervened in both cases to defend the law's constitutionality and removedCrawfordto federal court, where it was immediately consolidated withRokita.
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TURUSAKA SAU, MIRANDA. "PENGARUH JUMLAH WAJIB PAJAK BADAN, PEMERIKSAAN PAJAK, TINGKAT KEPATUHAN WAJIB PAJAK BADAN TERHADAP PENERIMAAN PAJAK PENGHASILAN DI KPP PRATAMA TAMBORA." Jurnal Ekonomi dan Bisnis Airlangga 29, no. 1 (September 30, 2020): 25. http://dx.doi.org/10.20473/jeba.v29i12019.25-36.
Повний текст джерелаАнотація:
Directorate General of Taxation difficulties to achieve the target of tax revenue. A number of attempts were made. Through extra efforts, DJP will explore the potential tax revenue. According to Darmin Nasution, to raise the tax rate, the only way is with intensification and extensification. Factors that represent extensification and intensification are the number of taxpayers, number of tax inspection and taxpayer compliance level.The research aimed to find out whether the revenue of income tax at Tambora Tax Office Service influenced by the number of Corporation Taxpayers, number of tax inspection, and Taxpayer compliance level. The number of Corporation Taxpayers is measured by the number of effective corporation taxpayers. The number of tax inspection is measured by the number of legal products published. The Taxpayer Compliance level is measured from the ratio of the number of Corporation Monthly Tax Return act 25 reported on time with the number of effective corporation taxpayer. The Income Tax revenue is the total revenue of corporation income tax act 25.This study used multiple linier regression with quantitative data that obtained from Tambora Tax Service Office for the period of Januari 2010 untill Juni 2013. This research states that the number of Corporation Taxpayers, Taxpayer compliance level has an influence on the income tax revenue at Tambora Tax Office Service. While the number of tax inspection does not have an influence on the income tax revenue at Tambora Tax Office Service.
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Song, Bangah. "Remedies for Corporations that Fail to Comply with the Invariable Period Due to the Act of Arbitrary Representation: Focusing on the Verdict Supreme Court 2016. 10. 13. Sentencing 2014da12348." Korea Association of the Law of Civil Procedure 27, no. 3 (October 31, 2023): 35–88. http://dx.doi.org/10.30639/cp.2023.10.27.3.035.
Повний текст джерелаАнотація:
Supreme Court 2016. 10. 13. Judgment No. 2014Da12348 held that if a representative of a company has caused damage to a corporation by engaging in arbitrary litigation without receiving special rights, if the other party knew or could have known of such circumstances, the starting point for a request for reconsideration proceeds from the time when other executives who have the authority to rightfully preserve the interests of the corporation, know the grounds for quasi-reconsideration.
This appears to be the result of the adoption of the jurisprudence of ‘abuse of representation’ in the matter of ‘attribution of perception’ - Like Supreme Court 1998. 11. 10. Sentence 98Da34126 the judgment.
However, since the “acceptance of a claim” is a litigation act in which the court is the recipient, it is difficult to adopt the jurisprudence of abuse of representation that consists of adjusting the legal relations between private individuals by inferring the proviso to Article 107(1) of the Civil Code. In addition, the judgment in 98Da34126 differs from each other in that the starting point of the statute of limitations corresponding to the cause of appeal was in question, whereas this case was the case in which the starting point of the retrial period corresponding to the litigation requirement was at issue.
Furthermore, since the issue of determining the perception of a corporation is normative, it can be argued that it is appropriate for the corporation itself to bear the risk caused by the act of betrayal of the representative to whom the corporation has delegated authority by granting trust. It should be considered that at the time when the representative of the servant who committed the act of betrayal became aware of the cause of reexamination, the remedy for the servant shall be made through the pursuit of an invariable period or through the right of reexamination provided for in Article 451, paragraph 1, paragraph 5 of the Code of Civil Procedure.
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Ruhiyat, Satya Marta, Ismansyah Ismansyah, and Nani Mulyati. "THE ROLE OF GENERAL ATTORNEY IN ERADICATION OF CORRUPTION BY CORPORATION." Diponegoro Law Review 4, no. 2 (October 1, 2019): 152. http://dx.doi.org/10.14710/dilrev.4.2.2019.152-166.
Повний текст джерелаАнотація:
Considerable efforts have been made to fight corruption, however it continues to occur in Indonesia. In the present time, corruptions do not only carry out by individuals but also by corporations. However, the Criminal Code and Criminal Procedure Code do not recognize and regulate corporations as the subject of criminal acts, so that law enforcement officials, especially prosecutors, have difficulty in charging corporations. This paper tries to answer question about the role of prosecutors in the eradication of corruption by corporation based on The General Attorney Regulation Number: PER-028/A/JA/10/2014 on guidelines for prosecuting corporation. The research method employed is normative juridical method, where the data is analyzed with qualitative methodology. The General Attorney Regulation on Corporate Legal Subjects explains more apparent criteria for actions that can be attributed to the corporation. The regulation combines several theories of corporate criminal liability not only heavily rely on vicarious criminal liability theory. It also provides direction about the separation of corporate liability and director’s liability. With this guideline, the public prosecutors have clearer direction to be able to charge the corporation so that it can restore the state finances that have been harmed by the corruption act.
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Inayah, Iin. "CORPORATE CRIMINAL LIABILITY." JHR (Jurnal Hukum Replik) 8, no. 2 (December 1, 2020): 89. http://dx.doi.org/10.31000/jhr.v8i2.3586.
Повний текст джерелаАнотація:
Abstract The evolution perspective that place person, not the only one criminal law subject, but also corporations, has ignored the principle “Universitas delinquent non potest” which has been used as a reason that corporations that commit the crime cannot be stated as perpetrators of crime, and shift into perspective that corporations can be stated as criminal law subject. Indonesia has recognized corporations as perpetrators of crime. This can be proven by the existence of corporate arrangements as perpetrators of criminal acts in various laws and regulations in Indonesia outside the Criminal Code. However, despite the recognition that corporations are subject to criminal law, in reality, we see that there are still many criminal acts involving corporations that do not direct corporations to become suspects in the judicial process. This would be a problem for law enforcement in Indonesia. With the recognition of the corporation as the subject of a criminal act, then it is important to criminalize not only the board but also related corporations. If corporate not addressed as criminal, therefore, the purpose of punishment will be different if the criminal is only addressed to administrators but not to the corporation. In general, the charging of criminal is the purpose as a deterrent effect against the corporation who committed the crime and also, also as an effort to prevent the criminal act is not performed by the other corporations. Associated with given criminal purposes, if only the criminal responsibility on the corporate board of sentencing objectives to be achieved will be difficult to achieve. It would be important to not only penalize the corporate board but also still penalize the corporation concernedKeywords: Corporate, criminal liability, criminal
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Zhunusova, R. M., and D. T. Ahmetova. "Assessment of the activities of the agricultural credit corporations as a development institution." Bulletin of "Turan" University, no. 1 (April 1, 2023): 104–15. http://dx.doi.org/10.46914/1562-2959-2023-1-1-104-115.
Повний текст джерелаАнотація:
In the article, based on the public reporting materials of JSC «Agrarian Credit Corporation» for the period from 2017 to 2021, its activities as a development institution that finances agricultural entities are analyzed. A sufficiently detailed assessment of the financial condition of the Corporation itself was carried out. Financial and operational indicators are studied in dynamics, changes in the assets, liabilities and capital of the corporation, as well as the final financial results of the Corporation’s activities are shown. The changes in income and expenses of the corporation were studied and assessed, which made it possible to substantiate the level of efficiency of its activities. As a result, the indicators of the effectiveness of the use of assets ROA and the indicator of the efficiency of the use of equity ROE were calculated, which are characterized by high values. It was noted that in order to expand the coverage of agribusiness entities with credit funds, the Agrarian Credit Corporation uses various financial instruments: direct lending and funding of financial institutions. The volumes of borrowings are considered in dynamics and their importance in increasing the amount of financing of agricultural producers in the industry is shown. Such borrowing made it possible to identify the main creditor of the Corporation, which annually provides loans for lending to spring field and harvesting work through the Ministry of Finance of the Republic of Kazakhstan and loans from other financial institutions for subsequent lending to agribusiness entities. This indicates that this corporation will continue to act as the main financial institution for the development of agriculture.
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Raghuwanshi, Himanshu. "Country Note: Abolition Of Ddt In India: A Treat For Foreign Investors?" Intertax 49, Issue 12 (December 1, 2021): 1025–35. http://dx.doi.org/10.54648/taxi2021103.
Повний текст джерелаАнотація:
The Indian government eliminated the much maligned dividend distribution tax (DDT) through Finance Act 2020. The abolishing of the DDT marks a return to the shareholder regime of dividend taxation (hereinafter ‘shareholder regime’). Foreign enterprises (generally multinational corporations) aiming to do business in India through subsidiaries or enterprises that already have subsidiaries in India can benefit from this change. This article analyses the tax impact of this change when an Indian subsidiary distributes its profits to its parent or holding company. Thus, the paper presents a tabular representation of taxation in the DDT regime and the shareholder regime and compares them. To present the complete scenario, the paper also analyses different profit distributing mechanisms other than dividends that are used by companies – specifically, the buyback of shares and share capital reduction. Finally, limited liability partnership (LLP) firms offer another vehicle for companies to conduct business in India. Thus, the paper also analyses the taxation aspects of an LLP distributing profits to its partner company. The return to the shareholder regime will allow non-residents to avail beneficial tax rates provided for dividend taxation in double taxation avoidance agreements (DTAAs) signed by India with other countries. Thus, the final section of this article discusses the mechanisms that are in force to prevent treaty shopping. The principal purpose test (PPT) brought in by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (BEPS) (Multilateral Instrument or MLI), the threshold of beneficial owners found in most DTAAs, and India’s domestic general anti-avoidance rule (GAAR) are analysed to determine the essential requirements of these mechanisms. CFC, Individuals, BEPS, Action 3, Brazil.
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Dwiatmoko, Arief, and Bambang Surojo. "Pertanggungjawaban Pidana Korporasi Di Bidang Perpajakan (Studi Kasus Putusan Mahkamah Agung Nomor : 2239 K/PID.SUS/2012)." SAPIENTIA ET VIRTUS 2, no. 2 (September 30, 2015): 53–83. http://dx.doi.org/10.37477/sev.v2i2.170.
Повний текст джерелаАнотація:
Tax collection system by using the self-assessment system has been used by the taxpayer "mischievous" to shrink the tax value or even do not want to pay the tax. For example the case of criminal offenses committed by corporate taxpayer that occur over fourteen companies belonging to the company Asian Agri Group (AAG), which was undermining the value of the tax to take advantage of his company. The conclusion from this study is that the criminal act committed by fourteen companies belonging to the company Asian Agri Group (AAG) is a criminal offense in the field of corporate taxation. Based on the Strict Liabilility Concept and Vicarious Liability Concept, then the corporation can be sentenced to criminal penalties in accordance with the provisions of Article 39 paragraph (1) of the Taxation Law and criminal penalties in accordance with the provisions of Article 43 paragraph (1) of the Taxation Law for the leaders of each of the corporation who participated or helped commit a criminal act in the field of taxation.
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Ali Safa’at, Muchamad. "Corporate Social Responsibility: A Constitutional Perspective." Jurnal Konstitusi 11, no. 1 (May 20, 2016): 1. http://dx.doi.org/10.31078/jk1111.
Повний текст джерелаАнотація:
Originally, the concept of CSR was come from business ethic values that impose corporation’s ethical responsibly to their social and natural environment. That development of ethical business was part of social consciousness on the degradation of environment as impact of corporation activities. This reality also raised the deep environmental ethic or deep ecology which challenge anthropocentrism economical development and urged ecocentrism development. In Indonesia, this phenomenon was marked by the enactment of Act 4/1982 on Environmental Management.The constitutional debate on CSR just began when the Indonesian Constitutional Court heard and decided the judicial review case of Act 40/2007 on Limited Liability Company which stipulate CSR mandatory law for corporation that have activity in natural resources areas. In its decision, Constitutional Court refused the petition. This means that the court affirmed that CSR mandatory law is not contrary to the Constitution. However, the legal argumentation of the court was not shifted from economical and environmental perspectives. The constitutional basis of the decision is Article 33 (4) concerning national economic principles and Article 33 (3) concerning state power on land, water, and natural resources. The Constitutional Court did not use the human rights concept as the source of CSR mandatory law.In constitutional law perspective, we can justify the CSR mandatory law from human rights guarantee on the constitution. CSR is one of the obligations to respect, to protect, to fulfill, and to promote human rights. Those obligations are not only bind over the government, but also corporation and all citizens. In that perspective, CSR should be mandatory law not only for the corporation which manage or correlate with natural resource, but for all corporations that operate in the middle of the society.
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Larin, Katherine Q., Caroline E. Rouse, Caitlin Bernard, Tory Callaghan Castor, Brian Kremer, and David A. Ingram. "Abortion Care After the Dobbs Decision: An Academic Health System’s Response to a Statewide Ban." Academic Medicine 99, no. 4 (December 28, 2023): 388–94. http://dx.doi.org/10.1097/acm.0000000000005625.
Повний текст джерелаАнотація:
Abstract Indiana was the first state to pass legislation severely restricting access to abortion care following the Dobbs v. Jackson Women’s Health Organization decision. Indiana Senate Enrolled Act 1 (SEA 1) outlaws all abortions with few exceptions. Indiana University Health (IU Health), the largest and only academic health system in the state, has a unique relationship with the Indiana University School of Medicine and a vision to improve the health of Indiana residents. IU Health employed the Hospital Incident Command System model to create a plan to ensure its patients continue to have access to safe, high-quality family planning, maternal, and neonatal care services and that clinicians are protected against criminal penalties and threats to personal safety. This article provides an overview of the Incident Command structure used to rapidly work across many disciplines, tackle complex issues, respond to concerns, and design and implement changes. The article also outlines the key considerations and decisions made by Incident Command leaders, such as where abortions that met the new law’s criteria should be performed, changes to clinical workflows and protocols, and the creation of a rapid response team. The article then examines the operational, legal, and clinical challenges encountered by clinicians and health care team members, including a lack of peer support or idea sharing with other health systems in the state; accurate estimation of abortion, live birth, and neonatal intensive care unit volumes; and ambiguity in the law and lack of guidance from the state government. Recommendations regarding communication with clinicians and other health care team members and engaging information technology early are offered for health systems and medical schools that may face legislative barriers to health care delivery in the future. Finally, IU Health’s commitment to tracking the impact of SEA 1 on patients, clinicians, employees, and the state is outlined.
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Salleh, R. M., N. A. A. Malek, R. M. Yusoff, N. Wahab, S. M. Atan, and Z. Sainan. "The preliminary study on the historical governing law of the frozen estates in Kampong Bharu, Malaysia." IOP Conference Series: Earth and Environmental Science 1151, no. 1 (March 1, 2023): 012004. http://dx.doi.org/10.1088/1755-1315/1151/1/012004.
Повний текст джерелаАнотація:
Abstract Kampong Bharu is situated in Kuala Lumpur, Malaysia and is categorised as a high commercial land located in the ‘Golden Triangle.’ However, this place is still left behind in terms of development as it is reported that there are more than RM60 billion in frozen estates. The existing legal framework is still considered inadequate as the planning development has been pending until today. Hence, this paper aims to analyse the legal history and the constraints preventing the development of Kampong Bharu. The discussion adopts the content analysis based on the qualitative research methods through the statutory provisions and other legal and non-legal literature. The research found that the Kampong Bharu Development Corporation Act 2011 was passed, and the Kampong Bharu Development Master Plan 2040 has been launched to carry out the development. Hence, it is proposed that the Kampong Bharu Development Corporation (KBDC) may have to wield the Land Acquisition Act 1960 so that the productive elements in Kampong Bharu can be activated. The impact of this research is in line with the benefit addressed by the Sustainable Development Goals (SDG) Plan (2030) in terms of making cities and human settlements inclusive, safe, resilient and sustainable.
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Chatham, Robert. "Hospitals: N.Y. Appellate Court Denies Move to Privatize Public Hospital." Journal of Law, Medicine & Ethics 27, no. 2 (June 1999): 202–3. http://dx.doi.org/10.1017/s1073110500012961.
Повний текст джерелаАнотація:
The Court of Appeals of New York held, in Council of the City of New York u. Giuliani, slip op. 02634, 1999 WL 179257 (N.Y. Mar. 30, 1999), that New York City may not privatize a public city hospital without state statutory authorization. The court found invalid a sublease of a municipal hospital operated by a public benefit corporation to a private, for-profit entity. The court reasoned that the controlling statute prescribed the operation of a municipal hospital as a government function that must be fulfilled by the public benefit corporation as long as it exists, and nothing short of legislative action could put an end to the corporation's existence.In 1969, the New York State legislature enacted the Health and Hospitals Corporation Act (HHCA), establishing the New York City Health and Hospitals Corporation (HHC) as an attempt to improve the New York City public health system. Thirty years later, on a renewed perception that the public health system was once again lacking, the city administration approved a sublease of Coney Island Hospital from HHC to PHS New York, Inc. (PHS), a private, for-profit entity.
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Jónatansson, Hróbjartur. "Iceland's Health Sector Database: A Significant Head Start in the Search for the Biological Grail or an Irreversible Error?" American Journal of Law & Medicine 26, no. 1 (2000): 31–67. http://dx.doi.org/10.1017/s0098858800010819.
Повний текст джерелаАнотація:
AbstractIn December 1998, Iceland's Parliament, the Althing, passed the Act on a Health Sector Database (the Database Act or Act), a highly controversial law authorizing the development of a Health Sector Database (the Database) to collect genetic and medical information already contained in various locations around Iceland as part of Iceland's national health system. As a result of the Database Act, Iceland is the only country in the world with laws authorizing collection and storage of the genetic heritage of an entire population by a private biotechnology corporation with rights to exploit the data as a commercial commodity. Many databases now exist in Iceland as individual and segregated entities that contain detailed medical information about every Icelandic person, both living and dead, dating back to 1915 when the recording commenced.
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Aryani, Fajar Dian. "Transisi Paradigmatik Korporasi dan Konstruksi Pertanggung Jawaban Kejahatan Korporasi Era Globalisasi." Kosmik Hukum 21, no. 3 (September 25, 2021): 213. http://dx.doi.org/10.30595/kosmikhukum.v21i3.12048.
Повний текст джерелаАнотація:
Globalization cannot be separated from corporations. The development of the corporation through its products has been able to "bewitch" various areas of people's lives, and even the development of the corporation has also given birth to new forms of crime, namely corporate crime. To the development of corporate crime, national law has responded by harmonizing the subject of criminal law. As a result, corporations are included as subjects of criminal law whose arrangements are contained in legislation outside the Criminal Code. Construction of corporate criminal responsibility in legislation outside the Criminal Code, namely the maker can be convicted if he has committed a criminal act as formulated in the law, regardless of how his inner attitude (strict liability) and the imposition of responsibility on someone for actions committed by people other, solely based on the relationship between the two people (vicarious liability). The construction of criminal liability in the statutory provisions governing criminal liability, there are provisions that apply only the strict liability doctrinal approach and the vicarious liability doctrinal approach, and/or apply both.Keywords: Corporation, strict liability, vicarious liability
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Aryani, Fajar Dian. "Transisi Paradigmatik Korporasi dan Konstruksi Pertanggung Jawaban Kejahatan Korporasi Era Globalisasi." Kosmik Hukum 21, no. 3 (September 25, 2021): 213. http://dx.doi.org/10.30595/kosmikhukum.v21i3.12048.
Повний текст джерелаАнотація:
Globalization cannot be separated from corporations. The development of the corporation through its products has been able to "bewitch" various areas of people's lives, and even the development of the corporation has also given birth to new forms of crime, namely corporate crime. To the development of corporate crime, national law has responded by harmonizing the subject of criminal law. As a result, corporations are included as subjects of criminal law whose arrangements are contained in legislation outside the Criminal Code. Construction of corporate criminal responsibility in legislation outside the Criminal Code, namely the maker can be convicted if he has committed a criminal act as formulated in the law, regardless of how his inner attitude (strict liability) and the imposition of responsibility on someone for actions committed by people other, solely based on the relationship between the two people (vicarious liability). The construction of criminal liability in the statutory provisions governing criminal liability, there are provisions that apply only the strict liability doctrinal approach and the vicarious liability doctrinal approach, and/or apply both.Keywords: Corporation, strict liability, vicarious liability
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Gustafson, Andrew. "In Support of Ethical Holism: A Response to “Religious Perspectives in Business Ethics”." Business Ethics Quarterly 10, no. 2 (April 2000): 441–50. http://dx.doi.org/10.2307/3857885.
Повний текст джерелаАнотація:
Abstract:In much of the written work on Christian or religious business ethics, a holistic framework is assumed but not argued for practically or supported philosophically. In this article I 1) outline a position of ethical holism, explaining its logic, motives, and consequences; 2) attack the ethical dualism of Carr, Friedman, and French; and 3) defend my theory against five possible objections. My basic thesis is that if a corporation wishes to hire employees who will act in compliance with ethical codes of the corporation, employees who both have a deeply rooted personal ethic that parallels that of the corporation and who see their business practices to be an extension of their personal ethic will be better suited candidates simply because they are more likely to be compliant. In other words, personal convictions and values are relevant to hiring practices, and a view that holds personal and business ethics to be separate affairs (Carr, Friedman, French) is misguided.
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Kelly, R. Shane. "Falling Through Statutory Gaps: Can Indiana Protect Endangered Species Without the Federal Endangered Species Act?" Indiana Law Review 54, no. 1 (June 16, 2021): 275–303. http://dx.doi.org/10.18060/25509.
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Anderson, David M. "“Things Are Different Down Here”: The 1955 Perfect Circle Strike, Conservative Civic Identity, and the Roots of the New Right in the 1950s Industrial Heartland." International Labor and Working-Class History 74, no. 1 (2008): 101–23. http://dx.doi.org/10.1017/s0147547908000203.
Повний текст джерелаАнотація:
AbstractThe article examines the history of the violent 1955 Perfect Circle strike to join the growing body of labor history scholarship that rejects the existence of a postwar “labor-management accord.” Contrary to previous depictions of a postwar “class peace,” the small-town industrial Midwest stood as a key battleground between unionized workers and competitive-sector employers such as the Indiana-based Perfect Circle Corporation, a small, family-owned manufacturer, a model welfare capitalist firm, and one of the nation's leading automotive parts producers. Driven by their desire to hold down labor costs and their own antistatist ideology, Perfect Circle's owners had opposed the New Deal and, by the late 1930s, had shed their previous provincialism to join the national political coalition of business conservatives in the National Association of Manufacturers to secure the passage of the Taft-Hartley Act in 1947. During the Cold War era, even while they were extending their political reach and expanding their operations overseas, Perfect Circle's owners sought to forge labor-management unity by promoting a quaint vision of “heartland consensus,” a conservative civic identity that management was convinced would render unions unnecessary. As with many business conservatives, Perfect Circle owners tried to rid their plants of unions by tapping into an interlocking network of well-financed right-wing policy groups to mount an extensive employee educational program and public relations campaign in defense of “free enterprise.” Despite Perfect Circle's vigorous efforts to undercut unionization, by 1953 the majority of workers at all four of its east-central Indiana plants voted to affiliate with the United Auto Workers (UAW). Conflict between labor and management culminated in the violent 1955 strike, in which Perfect Circle handed the UAW a decisive defeat while enjoying widespread support from the regional and national press. The strike became a conservative cause célèbre during the 1957 national “right-to-work” campaign and a centerpiece of the Senate's 1958 McClellan “Labor Rackets” hearings, which launched Barry Goldwater's bid for the 1964 presidency. The article concludes that Perfect Circle and many other employers not only continued to contest unions in the 1950s but also played a neglected but important role in the formation of the New Right.
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Putra, I. Made Walesa, Marcus Priyo Gunarto, and Dahliana Hasan. "Penentuan Kesalahan Korporasi Pada Tindak Pidana Perpajakan (Studi Putusan Pengadilan Negeri Jakarta Barat No.: 334/Pid.Sus/2020/PN Jkt.Brt)." Media Iuris 5, no. 2 (June 30, 2022): 231–58. http://dx.doi.org/10.20473/mi.v5i2.33369.
Повний текст джерелаАнотація:
AbstractThe Indonesian Criminal Code does not recognize corporate criminal liability. Conceptually, the perpetrator, who commits a criminal act must have a fault to be liable, including corporation as the subject of criminal law. The criminal sanctions impostion of PT. Gemilang Sukses Garmindo (PT. GSG) based on West Jakarta District Court through the decision number: 334/Pid.Sus/2020/PN Jkt.Brt, it was the second criminal decision against the corporation in the taxation sector, after the Asian Agri Group (AAG) decision. This study aims to analyze the regulation of corporate criminal liability in tax laws and to analyze the basis of judge considerations in determining the corporate guilt of PT GSG. The type of research is normative research with a statutory and case approach. The results of study showed that the Tax Law has not explicitly regulated the corporation as the subject of tax criminal law and there was an inaccuracy in the judge’s consideration of the PT.GSG criminal decision. The determination of corporate fault can be based on the material perpetrator’s fault and the internal requirements of the corporation. Finally, identification theory can be used as the basis for justifying the imposition of a corporate criminal sanction to PT. GSG.Keywords: Corporate Fault; Criminal Act; Taxation. AbstrakKitab Undang-Undang Hukum Pidana (KUHP) Indonesia belum mengakui pertanggungjawaban pidana korporasi. Secara konsepsi, untuk dapat dipertanggungjawabkan pidana pelaku yang melakukan tindak pidana harus memiliki kesalahan, termasuk pula subjek hukum pidana korporasi. Pengenaan pidana terhadap PT. Gemilang Sukses Garmindo (PT. GSG) berdasarkan Putusan Pengadilan Negeri Jakarta Barat No.: 334/Pid.Sus/2020/PN Jkt.Brt, merupakan putusan pidana terhadap korporasi yang kedua di bidang perpajakan setelah putusan korporasi Asian Agri Group (AAG). Penelitian bertujuan menganalisis pengaturan pertanggungjawaan pidana korporasi dalam perundang-undangan perpajakan serta menganalisis dasar pertimbangan hakim dalam penentuan kesalahan Korporasi PT GSG. Jenis penelitian adalah penelitian normatif dengan pendekatan perundang-undangan dan pendekatan kasus. Hasil penelitian menunjukkan Undang-Undang Perpajakan belum mengatur eksplisit korporasi sebagai subjek hukum pidana perpajakan serta ada ketidaktepatan dasar pertimbangan hakim putusan pidana PT. GSG. Penentuan kesalahan korporasi dapat berdasarkan kesalahan pelaku materiil beserta syarat internal korporasi. Pada akhirnya, teori identifikasi sesungguhnya dapat digunakan sebagai dasar pembenaran penjatuhan pidana korporasi PT. GSG.Kata Kunci: Kesalahan Korporasi; Tindak Pidana; Perpajakan.
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Kim, YoungDoo. "The Qualification of Manager and Member of the Board of Condominium." Korean Institute for Aggregate Buildings Law 42 (May 25, 2022): 149–76. http://dx.doi.org/10.55029/kabl.2022.42.149.
Повний текст джерелаАнотація:
The manager of condominium is a representative of the unit owners’ association of condominium. The unit owners live together in condominium building, form the unit owners’ association and manage the building together. A manager shall exercise leadership for all members with responsibility as a representative of the unit owners’ association and should listen to the unit onwers’ opinions while communicating with them. However, if a corporation becomes a representative, it is unclear who should be responsible for the decision of the corporation, because not only representative but also general meetings, audits, and bylaws affect the judgments made by corporation. It is difficult to expect the corporation itself to lead unit owners’ association with leadership. For this reason, it is generally accepted that a corporation cannot become a director or a representative of a legal entity in Korea. Therefore the manager of condominium needs not be a unit owner, but must be a natural person. Whether a corporation can be a manager is closely related to the question of whether a management company can be a manager. In order for a management company to become a manager, a corporation should be allowed to be a manager. However, regardless of whether a corporation can be a manager, a management company should not a manager. The management company is a contract party of a management contract with the unit owners’ association, and if the contract party that enters into the contract with unit owners’ association becomes the representative of it, the interests of unit owners’ association and the management company conflict. A corporation can be a management committee member of condominium? Since the Condominium Act stipulates that only the unit owner can be a management committee member and does not allow the representative of the corporation which is a unit owner to be a management committee member. a corporation which is a unit owner can become a management committee member. However,
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Kirsch, Todd. "Ball Memorial Hospital: Section 2 Sherman Act Analysis in The Alternative Health Care Delivery Market." American Journal of Law & Medicine 14, no. 2-3 (1988): 249–79. http://dx.doi.org/10.1017/s0098858800006274.
Повний текст джерелаАнотація:
In 1986, the Seventh Circuit Court of Appeals in Ball Memorial Hospital v. Mutual Hospital Insurance denied an injunction sought under the antitrust laws by the plaintiffs, eighty acute care hospitals, which would have precluded Blue Cross and Blue Shield of Indiana from implementing a Preferred Provider Organization. The Ball court used a conservative economic analysis to deny the injunction and failed to consider many industry-specific factors. This Note examines these factors and challenges the Ball court’s position by arguing that antitrust scrutiny of alternative health care delivery markets must go beyond the court’s narrow approach.
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Taylor, Charles D., Dagney Faulk, and Pamela Schaal. "The Varieties of Consolidation Experience: A Synthesis and Extension of Local Government Consolidation Models." Journal of Public and Nonprofit Affairs 6, no. 3 (December 1, 2020): 326–53. http://dx.doi.org/10.20899/jpna.6.3.326-353.
Повний текст джерелаАнотація:
This article revises and extends Leland and Thurmaier’s (2004a, 2004b) City—County Consolidation (C3) model by synthesizing it with Johnson’s (2004) Theory of Local Constitutional Change (LCC) and Hughes and Lee’s (2002) Evolutionary Consolidation Model (ECM). The result, we find, is a more general model of local government consolidation. Our model is applicable to a wider variety of consolidation types and incorporates a full consideration of varied charter development processes. Ultimately, this allows for acknowledgment of the possibility that consolidation attempts may be halted prior to a referendum campaign and that those attempts may reflect either conflicts of interest or consensual efforts at problem-solving. We focus specifically on Indiana after enactment of the 2006 Government Modernization Act. After enactment of the act, Indiana experienced seven consolidation efforts from 2008 to 2012. Examination of these efforts provides a robust comparative case study of consolidation efforts occurring during a narrow timeframe and under a common institutional context. The study not only illustrates the suitability of our revised and extended model, but it also confirms a number of Leland and Thurmaier’s (2005) findings from their reassessment of the C3 model.
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Shue, Carolyn K., Kerry Anne McGeary, Ian Reid, Jagdish Khubchandani, and Maoyong Fan. "Health Care Reform: Understanding Individuals’ Attitudes and Information Sources." BioMed Research International 2014 (2014): 1–8. http://dx.doi.org/10.1155/2014/813851.
Повний текст джерелаАнотація:
Since passage of the Affordable Care Act (ACA) was signed into law by President Barrack Obama, little is known about state-level perceptions of residents on the ACA. Perceptions about the act could potentially affect implementation of the law to the fullest extent. This 3-year survey study explored attitudes about the ACA, the types of information sources that individuals rely on when creating those attitudes, and the predictors of these attitudes among state of Indiana residents. The respondents were split between favorable and unfavorable views of the ACA, yet the majority of respondents strongly supported individual components of the act. National TV news, websites, family members, and individuals’ own reading of the ACA legislation were identified as the most influential information sources. After controlling for potential confounders, the respondent’s political affiliation, age, sex, and obtaining ACA information from watching national television news were the most important predictors of attitudes about the ACA and its components. These results mirror national-level findings. Implications for implementing health care reform at the state-level are discussed.
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Maulana, Nabiil Ikbaar. "Pengaturan Pajak Penghasilan (PPh) Terkait Transfer Pricing yang Dilakukan oleh Perusahaan Multinasional." Jurist-Diction 5, no. 2 (March 31, 2022): 695–710. http://dx.doi.org/10.20473/jd.v5i2.34906.
Повний текст джерелаАнотація:
AbstractThe rise of activities regarding transfer pricing carried out by multinational corporation has the potential to generate state revenue in the taxation sector. The government, in this case the Tax Authority, has taken several preventive measures so that multinational corporation do not practice transfer pricing outside the arm's length principle. The occurrence of differences of opinion that occurs between multinational corporation that act as taxpayers and the Tax Authorities often occurs due to the lack of provisions regarding transfer pricing. Provisions regarding taxation in Indonesia regarding transfer pricing for the Tax Authority are quite comprehensive, although there are often practices regarding the abuse of transfer pricing. This practice has an impact on reducing state tax revenues because income tax (PPh) that should be included in the state treasury is transferred to another country where the company is affiliated.Keywords: Transfer Pricing; Multinational Corporation; Income Tax. AbstrakMaraknya kegiatan mengenai transfer pricing yang dilakukan oleh perusahaan multinasional sangat berpotensi pada penerimaan negara pada sektor perpajakan. Pemerintah dalam hal ini adalah Otoritas Pajak telah melakukan beberapa upaya pencegahan agar perusahaan multinasional tidak melakukan praktik transfer pricing diluar prinsip kewajaran dan kelaziman usaha atau arm’s length principle. Terjadinya perbedaan pendapat yang terjadi antara perusahaan multinasional yang bertindak sebagai Wajib Pajak dengan Otoritas Pajak seringkali terjadi dikarenakan adanya ketentuan yang masih kurang mengenai transfer pricing. Ketentuan mengenai perpajakan di Indonesia mengenai transfer pricing bagi Otoritas Pajak sudah cukup kompeherensif meskipun sering didapati praktik mengenai abuse of transfer pricing. Praktik tersebut berdampak pada berkurangnya penerimaan pajak negara dikaranekan pajak penghasilan (PPh) yang seharusnya masuk kedalam kas negara dialihkan ke negara lain ditempat perusahaan terafiliasi. Kata Kunci: Transfer Pricing; Perusahaan Multinasional; Pajak Penghasilan (PPh).
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Groninger, John W., Stephen D. Fillmore, and Ron A. Rathfon. "Stand Characteristics and Productivity Potential of Indiana Surface Mines Reclaimed Under SMCRA." Northern Journal of Applied Forestry 23, no. 2 (June 1, 2006): 94–99. http://dx.doi.org/10.1093/njaf/23.2.94.
Повний текст джерелаАнотація:
Abstract The Surface Mining Control and Reclamation Act of 1977 (SMCRA) addresses a wide range of environmental concerns. However, its impacts on forest stand development and productive potential have only recently been investigated. We surveyed the vegetation and forest productivity on 22 surfacemine sites throughout the coal-bearing region of Indiana that were reclaimed to forest cover under the provisions of SMCRA 7–14 years prior to sampling. Black locust (Robinia pseudoacacia) and green ash (Fraxinus pennsylvanica) were the most widely occurring tree species.Tall fescue and goldenrod were the most widely occurring nonarborescent species. Median site index (base age 50 for black oak) was 30 ft. Although satisfying forest cover stocking requirements for bond release, these reclaimed surface mines almost always displayed a level of productivity farbelow those of native forests typical of this region. Reclamation techniques differing from those used on these study sites are needed to restore forest productivity to surface-mined lands while still complying with SMCRA.