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Corporate Groups and Shadow Business Practices [Kõva köide]

  • Formaat: Hardback, 336 pages, kõrgus x laius x paksus: 236x158x22 mm, kaal: 639 g, Worked examples or Exercises
  • Ilmumisaeg: 28-Apr-2022
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1108844197
  • ISBN-13: 9781108844192
  • Formaat: Hardback, 336 pages, kõrgus x laius x paksus: 236x158x22 mm, kaal: 639 g, Worked examples or Exercises
  • Ilmumisaeg: 28-Apr-2022
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1108844197
  • ISBN-13: 9781108844192
"Corporate groups are the preferred legal structure for enterprises since the 1920-1930s. Despite their omnipresence in most of our lives, very little is known about their structure and the means of how corporate control can be obtained and exercised. Infact, innovative means of control can be obtained and exercised in ways regulators have not thought of. This enables shadow business practices, understood as control-mechanisms that are not covered by regulation demanding transparency of corporate groups, such as non-equity modes of control including smart contracts on private blockchain platforms and other coordinative means of control. This recognition is of the essence for determination of reach and scope of for instance tort liability, tax, competition, labour law and more. It is argued in this book that finding a better framework for assessing the multifaceted corporate group of the 21st century necessitates, first, the disentanglement of the components of corporate groups and, second, the introduction of a new foundational framework to understand what constitutes a corporate group"--

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This book analyses innovations of structuring corporate groups and regulatory limitations of group transparency and proposes Systems Thinking as solution.
Part I. Setting the Scene:
1. Corporate group transparency; Part II. The Emergence of Group Complexity:
2. What causes group complexity;
3. The emergence of corporate groups; Part III. Decomposing Corporate Groups:
4. Organizational decoupling;
5. Control decoupling;
6. Governance decoupling; Part IV. Deficiencies in Formal Approaches to Group Transparency in EU Law:
7. The partly transparent corporate group under accounting law principles of consolidated accounts;
8. The contribution of company law to group transparency;
9. Uncovering decoupling techniques;
10. Intermediate results; Part V. A Systems Approach as a More Comprehensive Concept toward Group Transparency:
11. A primer to systems thinking;
12. Systems thinking as a foundation for group transparency;
13. A critical review of a systems approach;
14. Intermediate result; Part VI. Results:
15. Bringing it all together.
Linn Anker-Sørensen is Senior Manager, Nordic Head of Decentralized Finance, EY Norway and Lecturer in Law at the University of Oslo and Guest Lecturer at the University of Luxembourg. She is also a member of the European Securities and Market Authority's (ESMA) Financial Innovation Standing Committee.