When Members of a Corporate Family Are Located in Different Countries, _________.
A corporate grouping or grouping of companies is a collection of parent and subsidiary corporations that part as a single economic entity through a common source of control. The concept of a grouping is oftentimes used in taxation law, accounting and (less often) visitor police force to attribute the rights and duties of i member of the group to some other or the whole. If the corporations are engaged in entirely different businesses, the group is called a conglomerate. The forming of corporate groups usually involves consolidation via mergers and acquisitions, although the grouping concept focuses on the instances in which the merged and caused corporate entities remain in existence rather than the instances in which they are dissolved by the parent. The group may exist endemic by a property company which may take no actual operations.
In Federal republic of germany, where a sophisticated law of the "concern" has been developed, the law of corporate groups is a fundamental aspect of its corporate law. Many other European jurisdictions also have a similar approach, while Democracy countries and the Us attach to a formalistic doctrine that refuses to "pierce the corporate veil": corporations are treated outside tax and accounting as wholly divide legal entities.
Legal independence [edit]
A corporate group is composed of companies. The general rule is that a company is a separate legal entity from its shareholders, that is the shareholder's liability for the subsidiary's debts is limited to the value of the shares,[i] and the shareholders cannot exist required to perform the visitor'south obligations.
Nonetheless, some jurisdictions create exceptions to this dominion. For example, Deutschland has created affiliated enterprise police force which provides situations in which one company is liable for the debts of another company. In New Zealand, the Companies Act provides that the avails of related companies may be pooled to pay the creditors if one of the companies is liquidated. Even so, the circumstances in which this power volition be exercised are very narrow.[2]
- Berkey v Third Artery Railway
Economic dependence [edit]
- Business concern (business)
- DHN v Tower Hamlets LBC
- European union Seventh Visitor Constabulary Directive 83/349, on grouping accounts
- EU Draft Ninth Company Law Directive, on corporate groups
Law [edit]
Revenue enhancement [edit]
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Bookkeeping [edit]
- EU Seventh Company Police Directive 83/349, on group accounts
Civil police force [edit]
- Salomon 5 Salomon
- Berkey v Third Avenue Railway
- Adams five Greatcoat Industries plc
Codetermination [edit]
- Mitbestimmungsgesetz
Definition [edit]
Leff[3] defines business grouping every bit a group of companies that does business in different markets under common administrative or fiscal control whose members are linked past relations of interpersonal trust on the basis of similar personal ethnic or commercial background. One method of defining a group is as a cluster of legally singled-out firms with a managerial relationship.[4] [5] The relationship between the firms in a group may exist formal or informal.[six] A keiretsu is one type of business concern grouping. A business organization is some other.
Encarnation[7] refers to Indian business houses, emphasizing multiple forms of ties amongst group members. Powell and Smith-Doerr[8] state that a business group is a network of firms that regularly collaborate over a long time menses. Granovetter[6] argues that concern groups refers to an intermediate level of binding, excluding on the one mitt a set of firms bound only by short-term alliances and on the other a set of firms legally consolidated into a unmarried unit. Williamson[9] claims that business groups lie betwixt markets and hierarchies; this is further worked out past Douma & Schreuder.[10] Khanna and Rivkin[11] advise that business groups are typically not legal constructs though some regulatory bodies have attempted to codify a definition. In the United Arab Emirates, a business group can also be known as a trade association.[12] Typical examples are Adidas Group or Icelandair Grouping.
Run across also [edit]
- Business brotherhood
- Chaebol
- Business
- Conglomerate
- Holding company
- Keiretsu
- Subsidiary
- Zaibatsu
Farther reading [edit]
- Schmitthoff CM, and Wooldridge F, (eds), Groups of Companies (Sweet & Maxwell 1991)
- Blumberg PI, The Law of Corporate Groups: Tort, Contract and Other Common Law Issues in the Substantive Law of Parent and Subsidiary Corporations (Little, Brown and Visitor 1987)
- Witting C, Liability of Corporate Groups and Networks (Cambridge University Press 2018)
- Morris CHR, The Law of Fiscal Services Groups (Oxford University Press 2019)
Notes [edit]
- ^ Salomon five Salomon
- ^ Lewis Holdings Ltd vs Steel & Tube Holdings Ltd [2014] NZHC 3311
- ^ Leff 1978:663
- ^ Business organization Groups: Between Market and Business firm Archived 2006-03-nineteen at the Wayback Machine by James R. Maclean, October fourteen, 2005. Accessed May 6, 2006.
- ^ Business Groups in Emerging Markets: Paragons or Parasites? by Tarun Khanna & Yishay Yafeh, Baronial 2005. Abstract accessed May six, 2006.
- ^ a b Granovetter, M. (1994). "Business groups," in The Handbook of Economic Sociology (J. N. Smelser and R. Swedberg, Eds.), pp. 453–475, Princeton University Press, Princeton.
- ^ Encarnation 1989:45
- ^ Smith-Doerr 1994:388
- ^ Williamson 1975, 1985
- ^ Sytse Douma & Hein Schreuder (2013) "Economical Approaches to Organizations", 5th edition, London: Pearson [http://catalogue.pearsoned.co.uk/educator/product/Economical-Approaches-to-Organisations/9780273735298.page
- ^ Khanna and Rivkin 1999
- ^ Abudhabichamber.ae Archived 2008-11-12 at the Wayback Machine
Source: https://en.wikipedia.org/wiki/Corporate_group
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