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From a legal standpoint, this paper critically examines the potential and challenges in deploying Artificial (AI) Intelligence in corporate governance in Nigeria. The examination revealed that leveraging AI in corporate governance could enhance corporate efficiency in Nigeria through improved decision-making, risk management, financial reporting, and stakeholder protection and engagement. However, possible bias and data privacy breaches are significant risks that pose ethical challenges when AI is deployed in corporate governance. Particularly, Nigeria is bisected by several socio-economic challenges, such as a lack of a robust AI framework and insufficient technological expertise to develop and optimize AI systems. Furthermore, Nigeria currently lacks comprehensive national AI legislation, thereby resulting in the absence of a legal basis for the effective deployment of AI in corporate governance and board management. Against this backdrop, this paper proposes an AI-based corporate governance framework, which can be adapted into future legislative reforms to streamline decision-making processes and improve board accountability and stakeholders' protection in companies. Overall, it argues that AI legislation and policies are vital to the success of efforts to implement AI-based corporate governance in Nigeria. [ABSTRACT FROM AUTHOR]

This paper describes the legal framework surrounding expropriation in Indonesia and the implications this has for key stakeholders, including workers, the business world, and consumers. The research method used in this paper is normative legal research, relying on secondary data from literature and legal sources. The collected data is analyzed qualitatively, and conclusions are drawn through deductive reasoning. The study provides insights into how current regulations impact employment, business operations, and consumer rights. This research adds value by providing a legal analysis that can inform policymakers, legal professionals, and businesses on how to navigate the complexities within Indonesia's legal system. [ABSTRACT FROM AUTHOR]

The focus of the study is on trustees appointed for joint stock companies. Although it could be argued that decisions on the appointment of trustees under special legislation should also be taken by the trustee office and be subject to the supervision of the civil court of first instance as the supervisory authority, this would not be in line with the purpose of the special provisions. Although the appointment of a trustees to a company is generally an interim measure. In our opinion, the most important shortcoming in the appointment of trustees in practice is the lack of authority for the appointed trustees, as opposed to those who are subject to general provisions. In practice, it would be beneficial if objections could be reviewed by the next court, or even if the appointment is made by the president of the court or a single judge, for example in commercial courts, objections should be decided by a court. [ABSTRACT FROM AUTHOR]

This article presents empirical findings on listed company responses to provisions on board-level workforce engagement in the revised 2018 UK Corporate Governance Code, based on analysis of FTSE 350 company reports, survey data from 70 firms, and a series of 41 interviews with directors, senior managers and workforce representatives across 17 case study firms. The findings suggest that, despite some pockets of good practice, the current code-based regulatory framework is weak and ineffective. In light of this, the article considers current debates around strengthening worker voice in governance structures – including through appeals to corporate purpose, investor engagement, and wider changes in the legal and regulatory architecture. It concludes that any fundamental reform would require a recasting of the narrative around corporate purpose, based on a pluralist recognition of the dual nature of labour/capital investments in the firm and a renewed emphasis on the principle of workplace democracy. [ABSTRACT FROM AUTHOR]

Background. Often, conflicts occur in modern business. However, business disputes can be very detrimental to a company financially and to its reputation. Therefore, the role of corporate law firms in preventing and handling business disputes is becoming increasingly important. A corporate law firm can help manage risk and minimize the possibility of disputes. Purpose: The purpose of this research is to study how corporate law firms prevent business disputes. The focus of the research is to understand how they spot potential disputes, create strategies to prevent them, and how they handle disputes that arise. The main aim of this research is to provide deeper insight into how effective the role of corporate law firms is in reducing the risk of business disputes. Method. This research was conducted using a structured interview method. Members of corporate law firms who have relevant knowledge and experience in managing business disputes are the respondents interviewed. Using pre-prepared interview guidelines, interviews are conducted in person or via a virtual platform. Next, qualitative analysis was carried out on the interview data to find patterns, themes and important findings. Results. The research results show that corporate law firms are very important in preventing business disputes. To avoid disputes, respondents create clear contracts, provide training to employees, and monitor changes in legislation. Company authorities also handle disputes using mediation, negotiation, and arbitration. Conclusion. The study found that corporate law firms play a very important role in preventing and handling business disputes. By using the right strategy and proactively involving various parties, corporate law firms can help companies reduce risks and reduce the negative impact of business disputes. Therefore, investment in the development of a corporate law firm can be considered as feasible. [ABSTRACT FROM AUTHOR]

In the limited liability company law currently in force in Indonesia, holding company and subsidiaries in the form of limited liability companies are seen as independent and separate legal entities, where each company has the right to independently carry out legal actions in accordance with the company’s interests. This differs from the concept of “group of companies” which consists of a collection of legally independent companies, where the subsidiaries are controlled by the holding company. This kind of concept raises fundamental questions considering that there is a contradiction between the principle of independence possessed by the company as an independent legal entity on one hand, and the reality of control by the holding company over its subsidiaries as a unitary economic entity. To answer this kind of problem, our paper offers a systematic explanation based on a normative and case approach to the company’s legal regime in Indonesia. This paper argues that the contradiction between the principle of independence and the reality of control by a parent company over its subsidiaries as an economic unit has the potential to prevent subsidiaries from moving independently based on their own business interests. The amount of control authority that the holding company has over its subsidiaries – as this paper will show – must be exercised by taking into account several things, including: the control does not conflict with legal regulations, does not cause losses to the subsidiaries, and does not harm the interests of the third parties as the limitation of control by the holding company.

The Company Law universally requires shareholders to participate in meetings in order to formulate a set of corporate acts. Although provisions allowing the possibility for virtual shareholder meetings have already been implemented in many legislations, the COVID-19 crisis has given this relative legal novelty a status of paramount regulatory importance. The post-crisis regulatory development of the field in light of the process of digitalisation is the subject of this paper. The paper firstly gives an overview of the academic debate on the subject with a focus on the pandemic. Then, it continues to produce a comparative overview of virtual general meetings regulations in selected jurisdictions, namely Switzerland, Italy, Germany, U.S. state of Delaware and the European Union Company Law. Prior to the pandemic, the Croatian Company Law encompassed the possibility for hybrid virtual general meetings of shareholders if stipulated in company bylaws. The aforementioned possibility was used in Croatia for the first time during the outbreak of the COVID-19 crisis. The conclusions of the paper produce general recommendations for regulatory policy in this field with an emphasis on the European and the Croatian Company Law de lege ferenda.

The Company Law universally requires shareholders to participate in meetings in order to formulate a set of corporate acts. Although provisions allowing the possibility for virtual shareholder meetings have already been implemented in many legislations, the COVID-19 crisis has given this relative legal novelty a status of paramount regulatory importance. The post-crisis regulatory development of the field in light of the process of digitalisation is the subject of this paper. The paper firstly gives an overview of the academic debate on the subject with a focus on the pandemic. Then, it continues to produce a comparative overview of virtual general meetings regulations in selected jurisdictions, namely Switzerland, Italy, Germany, U.S. state of Delaware and the European Union Company Law. Prior to the pandemic, the Croatian Company Law encompassed the possibility for hybrid virtual general meetings of shareholders if stipulated in company bylaws. The aforementioned possibility was used in Croatia for the first time during the outbreak of the COVID-19 crisis. The conclusions of the paper produce general recommendations for regulatory policy in this field with an emphasis on the European and the Croatian Company Law de lege ferenda. [ABSTRACT FROM AUTHOR]

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Introduction: The recognition of Individual LLCs is a concrete step from the government to support micro and small enterprises, which triggers Indonesia's economic growth. However, improvements to the regulation of Individual LLCs are needed immediately. Purposes of the Research: The research aims to explain and analyze the regulatory comparison of an Individual LLC in Indonesia and a Single-Member LLC owned by an Individual in Vietnam. Methods of the Research: The type of research is normative legal research with statutory and comparative approaches. Data was collected using library research with qualitative analysis. Results of the Research: The results can see from various aspects, such as the definition, company establishment, organizational structure, rights and obligations of company founders, and conversion. In Indonesia, the definition is outlined in Regulation of the Minister of LHR Number 21/2021, while in Vietnam is regulated in Law on Enterprises 2020. An Individual LLC in Indonesia can only establish by an individual, whereas in Vietnam, the owner of the Single-Member LLC can be an organization or an individual. Indonesia only knows the Company's Director, while there are President and a Director/General Director in Vietnam. The rights and obligations of the owner of an Individual LLC in Indonesia are not explicitly regulated, while Vietnam regulates it. It's possible to convert only an Individual LLC into a Capital Partnership LLC in Indonesia, while in Vietnam, it is possible to change either way. Evaluation and improvement of the regulation of Individual LLCs in Indonesia are urgently needed to create a firm legal umbrella for micro and small business actors.

This article examines the social foundation which posed challenges to the adoption of corporate form as a business entity within the framework of Islamic legal tradition. This article employs juridical-normative research analysis with socio-legal approach. This paper concludes: (1) The corporate legal form was not required by the medieval Islamic legal system as well as the case in Western Europe due to several reason such as: an institutional vacuity; withdrawal of community capital resources into waqf institutions; stagnancy in institutional development of business organizations in Islamic law; and inability of the Muslim business elite to consolidate power. (2) In classical fiqh discussions, Islamic business organizations do not have legal personality. The closest approximation to corporate legal entities found in Islam have been bayt al-māl (public treasury), mosque property, and waqf (trusts). Recently, the scholars have approved the corporate form on the basis of fiqh principles of qiyas (analogy) and istihsan, or masaliha mursalah (public interest).

The article discusses the Norwegian judicial framework for the work by boards of limited liability companies with sustainability. Sustainability regulation is no longer a result of more or less targeted political initiatives, it largely presents as a coherent system of rules and it has in many ways indisputably been integrated into the field of company law in Norway. The starting point for the analysis is that the boards of Norwegian limited liability companies and public limited liability companies are expected to create value for their owners, but they are also expected to do this in a sustainable manner. Therefore, we firstly give a description of the ‘company interestʼ and its central elements. The article seeks among other things to demonstrate the trade-off between profit seeking and the boardʼs right and duty to integrate sustainability in the management of the company. The boardʼs work on sustainability in limited liability companies and public limited liability companies must be carried out within the framework stipulated by company law and other legislation, the companyʼs articles of association, and the companyʼs other governing bodies. Neither the Limited Liability Companies Act nor the Public Limited Liability Companies Act includes any specific statutory regulation of sustainability. A starting point is, therefore, that the company law framework for the boardʼs work on sustainability is constituted by the general rules in the Companies Acts on the boardʼs right and duty to manage the company in accordance with the company interest. Norwegian company law is stakeholder-oriented and takes into account both shareholder interests and stakeholder interests. Company interest includes the interests of shareholders, employees, counterparties, creditors and society as a whole. As pointed out in the article, these interests include what can be described as ‘sustainability considerationsʼ. The boards of limited liability companies and public limited liability companies must exercise their management of the company within the statutory framework. This framework also includes mandatory legislation other than the Companies Acts, for example the legislation dealing with sustainability matters. For public limited companies listed on the stock exchange, the Norwegian Code of Practice for Corporate Governance includes a specific expectation that the board must integrate sustainability into its governance of the companyʼs business activities. Another important question is to what extent the board can attach importance to sustainability considerations. It is a prerequisite for companies to be able to consider environmental and social considerations that they are financially sustainable. However, it is conceivable that the profit motive can come into conflict with social and environmental considerations. The article discusses the balance between the profit motive and social and environmental considerations. One question deals with the boardʼs ability to attach weight to sustainability in the light of the companyʼs advertising and reputation values (‘goodwillʼ). The article discusses also the relationship between sustainability and the companyʼs ability to make gifts.

The article titled "Legal Responsibility of the Insurance Company for Unpaid Participant Claims" explores the role of insurance companies in protecting the public and their responsibility to pay claims to participants who experience losses. It examines the legal obligations of insurance companies and the regulations that safeguard policyholders. The article also discusses common reasons for claim rejection and previous research on this topic. The research aims to increase consumer awareness about their rights in insurance claims. Additionally, this document discusses the rights and obligations of policyholders in a life insurance contract, emphasizing the legal responsibility of insurance companies to pay claims and the protection provided to policyholders through regulations. It concludes that insurance companies that deny participant claims may face legal consequences in both civil and criminal contexts. [Extracted from the article]

The impact case enhances the understanding of socio-legal research that contemplates the development of novel legal company forms which serve the well-being of humans and nature equally. Introducing novel company law forms for social change regards research in the field of social entrepreneurship and law, such as the development of tailor-made legislation for social enterprises in the Netherlands. Current legal forms for companies in the Netherlands do not support types of social entrepreneurial activity. Our research influenced directly the regulatory-making process of the novel forthcoming company law entity named the Besloten Vennootschap maatschappelijk (BVm), i.e., the private limited company with societal purpose which is about to be introduced in the Dutch company legislation. Particularly, our research team: (i) formulated key indicators for the BVm, which were accepted by the government in 2020 and will form the basis for new legislation which is currently being drafted; (ii) generated multiple academic studies, publications, seminars and conferences, as well as a PhD dissertation about the topic; (iii) supported many social enterprises in finding suitable legal forms (through educational programs, network sessions and collaboration with company and tax law experts).

Plastic waste has a serious impact on the marine environment, threatening more than 800 marine species, and can affect the food chain down to humans. The aim of this research is firstly to find out, analyze and explain issues related to strategies for preventing marine pollution from ship waste. This research is normative legal research which considers research as analysis. The data analysis technique used is through data collected from legal materials with descriptions in effective, orderly and logical sentences so as to simplify the analysis of the results of the problem formulation. Results of the research Currently, MARPOL Regulation 73/78 Annex V is an important international legal instrument to prevent marine pollution by waste from ships. This regulation prohibits the dumping of waste into the sea, except under certain conditions. In the implementation and management of waste on board ships, activities ranging from waste collection to disposal, must all be carried out in accordance with the procedures regulated in Annex V MARPOL 73/78, if If waste management is not carried out according to predetermined procedures, waste dumping will occur anywhere and wherever the ship is located so that in the future waste that is thrown carelessly can cause pollution in the sea. [ABSTRACT FROM AUTHOR]

In the presence of pressing challenges related to climate change, there is a wide range of policy proposals concerning the green transition of companies. Although private companies—especially those in the energy sector—have a significant role in the climate crisis, current strategies focus mainly on public companies. Such a single-minded approach to policymaking could give rise to a phenomenon that we term sustainability arbitrage, whereby activities causing climate change gradually shift from public firms to private ones. This may, in turn, create a world where public firms look relatively green while their private rivals become the main driver of activities contributing to the climate crisis. In this paper, we focus on sustainability arbitrage, its manifestations and possible strategies to overcome this problem. We first discuss if the current sustainability-driven corporate governance mechanisms are effective in curbing the sustainability arbitrage problem. In order to prevent sustainability arbitrage, we argue for extending mandatory climate disclosure rules to private companies. We also analyze responsible divestment/phasing out of carbon-intensive assets by public companies as a complementary strategy. [ABSTRACT FROM AUTHOR]

Since the employee representatives on the board of directors and board of supervisors were adopted by the Company Law in 1993, they have been powerless and gradually neglected by the policymakers and the enterprises. However, to realize the ambitious commitments regarding the labour protection in the agreement 'in principle' for a new the EU-China Comprehensive Agreement on Investment (CAI), reached by the EU and China on December 30, 2020, China must promote the companies to enforce the labour laws consciously by improving these employee governance mechanisms. Under the Company Law, both the employee directors and employee supervisors are mandatory for the SOEs, while the private companies can decide whether they install the employee directors. Due to the dramatic increment of the employees in the private enterprises brought out by the excessive pursuit of efficiency rather than equity in the reform of SOEs and the failure of the labour laws as the external regulations of companies to isolate the workers from the intolerable exploitation in the large private companies the Amendment of Company Law, released on December 24, 2021, has realized the significance of employees' protection in the large private enterprises. But it has not yet changed the shareholders' meeting centred model, which fundamentally restricts the functions of the employee directors and employee supervisors. In this regard, this article suggests that the new Company Law should eliminate the supreme power of shareholders' meeting and impose the definite duty of complying with the labour laws upon the decision-makers of the corporations. [ABSTRACT FROM AUTHOR]

Britain has a reputation for having a stock market-oriented corporate economy and there is an extensive literature maintaining that laws affording substantial protection to outside investors are needed for a thriving stock market. Historically, however, UK equity markets have not always flourished and, when they have, law's contribution has been open to question. This article considers the uneasy match between law and Britain's stock market development from when shares first began to trade publicly through to the present day, offering in so doing insights into the relationship between law and equity markets and current reforms intended to revive a flagging UK stock exchange. [ABSTRACT FROM AUTHOR]

In February 2023, ClientEarth filed a derivative claim in the High Court of England and Wales against the Board of Directors of Shell plc for alleged breaches of their duties under the Companies Act 2006. According to ClientEarth, Shell's Board of Directors has failed to put in place an energy transition strategy consistent with the Paris Agreement, increasing the exposure of Shell plc to climate risks and hindering its long-term commercial viability. This analysis assesses the legal grounds of ClientEarth's claim in light of the UK's company law framework, and the High Court's judgements of May and July 2023 dismissing ClientEarth's application. It argues that, despite the lack of solid legal grounds for ClientEarth's derivative claim, this case may serve to advance climate-related goals. More generally, the analysis reflects on how this dispute evidences the growing gap between the objectives of environmental law on the one side and those of company law on the other side. [ABSTRACT FROM AUTHOR]

The article examines the understanding of the principle of non-split-ting, showcasing the historical and comparative equivalence of the German and Polish legal systems. It concerns the non-splitting of shares in Polish and German law, as applied to the limited liability company and the non-public joint-stock company. It is aimed at conceptualizing in a comparative manner the theoretical model of non-splitting, and encompasses discussions about its nature, content, and normative bases for its binding force. Under Polish law two different understandings of the principle of non-splitting of shares are distinguished: the principle of non-splitting in the strict sense, and the principle of non-splitting in the broad sense. It is argued that German law uses the concept of prohibition of splitting, while in the Polish legal system this concept has been further developed and is to be perceived as a principle of non-splitting of shares that is to be classified as general principle of company law.

With the rapid development of information and communication technologies in the EU, the establishment of the digital single market through the EU’s strategy has allowed for fair market competition using the internet by both individuals (natural persons) and legal entities. However, regulatory disparities among EU member states have posed challenges for businesses engaged in cross-border activities within the EU’s single market. There are big differences among member states in terms of the availability of internet tools that enable entrepreneurs and companies to communicate with competent bodies regarding issues related to their business. Furthermore, e-government services differ among member states. Some member states offer comprehensive userfriendly services entirely online, while others struggle to provide digital solutions at crucial stages of a company’s life cycle. In certain EU member states, the establishment of a company or the submission of document and information amendments to the register are only allowed in person, or in person or electronically, while in some member states this can only be done electronically. Digitalization was supposed to simplify the procedures for establishing business entities and enable free business establishment at the EU level. The aim of this paper is to analyze the legislative framework at the EU level, which should facilitate business operations in the digitalworld and provide security to participants in the European single market, with a special focus on EU Directive 2019/1151.

This article explores the strength of the retail investors' protection regime in India and verifies whether it can withstand vulnerabilities that put retail investors in a precarious position. Delving upon two major causes of vulnerabilities, i.e. concentrated shareholding pattern in the listed public companies and the passive nature of retail investors, this paper establishes the veracity of these claims through the use of data collected from a sample of BSE top thirty companies to establish the effect it brings. This article also evaluates the efficacy of borrowed legislative techniques from other corporate governance regimes to protect investors in companies incorporated in India. Finally, it concludes by highlighting the deficiency in the enforcement system and demonstrating how the Indian corporate regime has failed to plug the vulnerabilities that affect retail investors and provides recommendations to reform the system to safeguard their interests. [ABSTRACT FROM AUTHOR]

Blockchain technology has attracted significant attention across various disciplines, including company law. This article examines the potential of such technology for share transfers in non-listed Swiss stock corporations and UK private limited companies. At the outset, an overview of the traditional way to transfer shares in these companies is presented in order to subsequently identify the problems involved. The article then explores the technological background and the characteristics of blockchain technology that are relevant to share transfers. After a hypothetical example, it analyses whether blockchain-based share transfers offer the potential to mitigate the problems of the traditional methods applied in connection with Swiss stock corporations and UK private limited companies. In this context, the main conceptual challenges raised by critics against blockchain are also addressed. Finally, an assessment is undertaken as to whether blockchain-based share transfers are, at present, legally possible in Switzerland and the United Kingdom. The article concludes that blockchain technology may mitigate issues in connection with the traditional way to transfer shares in non-listed Swiss stock corporations and UK private limited companies; the related challenges may not be insurmountable for such a use case to be meaningfully realised. While Switzerland has introduced legislation that facilitates the tokenisation of shares along with their transfer, the wait-and-see approach of the United Kingdom appears to lead to legal uncertainty. [ABSTRACT FROM AUTHOR]

The nature of separate legal personality is a perennial debate in corporate law. This paper uses insights from a previous iteration of the debate to argue that separate legal personality is best seen as a two-step process: it is a concession from the state to something real. That real thing is the economic concept of the firm, which has been recently debated within institutional economics. Viewing separate legal personality as a two-step process lets us explore whether the concession of separate legal personality is operating as it should. Law imposes no prerequisite requirement that a firm exists before establishing a company, nor limits firms to only one company. Law thus facilitates misalignments between the firm and the company. Such misalignments will only occur if two constituencies within the company structure – the ultimate shareholders and directors – consider it in their interests to create such misalignment. As a result, these misalignments harm third parties by allowing risk to be exported to them through opportunistic misalignment. This paper then explores the methods of misalignment and reviews current legal tools which are available to be deployed to re-align the company to the firm, and argues that they should be deployed. [ABSTRACT FROM AUTHOR]

Combining data on share repurchases conducted by Chinese listed companies in the public market, this study explores the impact of corporate share repurchases on capital market information efficiency. The research results show that share repurchases effectively improve the information efficiency of the capital market. The mechanism test finds that share repurchases improve the capital market information efficiency by increasing stock liquidity and improving the market information environment. In addition, the heterogeneity test finds that the positive impact of share repurchases on the information efficiency of the capital market is more significant after the launch of the new Company Law in 2018 and in a bear market. Overall, this study provides a theoretical reference on the government's efforts to improve the basic capital market system with the aim of high-quality capital market development. [ABSTRACT FROM AUTHOR]

The paper analyzes voting agreements in Romanian company law, from the perspective of the possible legal qualifications that can be granted to them, as well as from the perspective of the specific limits of company law, which must be taken into account when concluding agreements. Comparative references are made to the doctrine of German law, which deals extensively with the subject of shareholder agreements in general and voting agreements in particular. A legal qualification within the institution of the promise to contract is argued, and a variant known to German law, that of voting consortia - a long-term contract with successive execution, will be presented. From the point of view of the validity of the agreements, the limits set by Romanian law and doctrine are identified and questioned, such as the prohibition of the transfer of the vote, or the principle of respect for the social interest. [ABSTRACT FROM AUTHOR]

Copyright of Vie et Sciences de l'Entreprise is the property of ANDESE and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In recent years, a number of jurisdictions have recognized diverse ecosystems and other-than-human organisms as legal persons. From national constitutions and legislation to subnational judicial decisions and ordinances, these legal experiments have extended legal personality to riverine and terrestrial ecological communities, including vast geographical areas and the beyond-human beings that inhabit them. A growing body of literature engages with these developments and, in particular, their consequences for states and governments. However, few analyses have considered the practical implications they may present for private organizations operating under company law. We address this research gap and explore potential challenges and opportunities that the recognition of ecosystems as legal persons may create for private legal persons, especially corporations. We also discuss the possible impacts and opportunities of the expansion of legal personality on company law and corporate practice more broadly, arguing for a reimagination of company law. This reimagination embraces an ethics of reciprocity, responsibility, and relationality between corporate entities, and ecological and human communities. [ABSTRACT FROM AUTHOR]

(Series Information) European Papers - A Journal on Law and Integration, 2022 7(3), 1265-1285 | Article | (Table of Contents) I. Introduction. - II. Differentiated law prior to Brexit. - III. Regime complexity and EU relations with non-Member States. - IV. The five worlds of financial market regulation. - IV.1. Securities and assets law and regulation. - IV.2. Banking law and regulation. - IV.3. Financial reporting law and regulation. - IV.4. Company law and regulation. - IV.5. Insurance law and regulation. - V. Conclusions. | (Abstract) How does Brexit affect the manner in which the EU manages financial rules and regulations with the UK? How does it change the EU's need to rely on differentiated law internally to overcome intergovernmental conflict over the proposed legislation? This Article examines five different areas of financial market regulation and shows how significant differences between the UK and the rest of the EU, but often Germany, could only be combined in EU law by significant discretions in how national law applied to a common policy, and protections to keep those distinctions intact. A consequence of Brexit is that the EU need not rely on differentiated law as much as in the past. A risk to this convergence is the potential for the EU becoming a rule taker from the UK through regime complexity, which would allow the UK to de facto determine EU financial market law.

this text is the result of studies and research conducted on the new legal categories arising from Law No. 14,193/2021 (Law of the Anonymous Football Society), which, in contemporary times, start to (re)organize sports practice in the various areas in which Brazilian football develops. These new regulations are considered as those that not only allow inclusion through sport, but mainly those that serve to discipline sports management, in the field of football, specifically, as an economic-business activity. The methodology used not only for studies and research, but also for the elaboration of this theoretical-pragmatic communication was based on the critical-reflexive perspective, with support and interaction between legal-legal rationality and the important multidisciplinary contributions offered by other human knowledge/knowledge, here, were analyzed, respectively, according to the contemporary parameters of each of their "art states". That is, the state in which the object of study (football corporation) is circumstantial and momentarily in legal, social, sports, economic and business knowledge. [ABSTRACT FROM AUTHOR]

Copyright of Critique of Law: Independent Legal Studies / Krytyka Prawa: Niezalezne Studia nad Prawem is the property of Akademia Leona Kozminskiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

When addressing corporate sustainability challenges, artificial intelligence (AI) is a double-edged sword. AI can make significant progress on the most complicated environmental and social problems faced by humans. On the other hand, the efficiencies and innovations generated by AI may also bring new risks, such as automated bias and conflicts with human ethics. We argue that companies and governments should make collective efforts to address sustainability challenges and risks brought by AI. Accountable and sustainable AI can be achieved through a proactive regulatory framework supported by rigorous corporate policies and reports. Given the rapidly evolving nature of this technology, we propose a harmonised and risk-based regulatory approach that accommodates diverse AI solutions to achieve the common good. Ensuring an adequate level of technological neutrality and proportionality of the regulation is the key to mitigating the wide range of potential risks inherent to the use of AI. Instead of promoting sustainability, unregulated AI would be a threat since it would not be possible to effectively monitor its effects on the economy, society and environment. Such a suitable regulatory framework would not only create a consensus concerning the risks to avoid and how to do so but also include enforcement mechanisms to ensure a trustworthy and ethical use of AI in the boardroom. Once this objective is achieved, it will be possible to refer to this technological development as a common good in itself that constitutes an essential asset to human development. [ABSTRACT FROM AUTHOR]

The most recent UK corporate law restatement has its stated aim to 'think small first' in company law legislation. This article is the first to use data science and imaging techniques to provide an empirical snapshot of the entire UK corporate database. It identifies the continuing need to think small first: most companies are small when tested by corporate type (public v private) and type of accounts publicly filed. We then factor in time series, which evidences that most companies are newer and smaller companies. This article then identifies the implications of this novel empirical analysis. First, corporate law analysis tends to 'think big first', and will either need to justify such an approach or change it. Second, a large number of companies provide no public financial information due to inherent time lag. The sheer scale of new companies challenges this approach. Third, the UK should provide a corporate governance framework for smaller companies. Fourth, the UK's corporate accounting regime thinks small first in substance, but its form needs to be simplified to truly think small first. Fifth, whilst more mortgages were granted by smaller companies, larger companies granted more mortgages per company: so arguably corporate finance bucks the trend for the need to think small first. [ABSTRACT FROM AUTHOR]

Copyright of Debreceni Jogi Műhely is the property of University of Debrecen and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Debreceni Jogi Műhely is the property of University of Debrecen and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)