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Corporate Law
Corporate law (also
"company" or "corporations" law) is the
law
of the most dominant kind of business enterprise in
the modern world. Corporate law is the study of how
shareholders,
directors,
employees,
creditors,
and other stakeholders such as
consumers,
the
community
and the
environment
interact with one another under the internal rules
of the firm. Corporate law is a part of a broader
companies law
(or law of business associations). Other types
business associations can include
partnerships
(like most
law firms),
or
trusts
(like a pension fund) or companies limited by
guarantee (like some universities or charities).
Corporate law is about big business, which has
separate legal personality,
with
limited liability
for its shareholders, who buy and sell their stocks
depending on the performance of the
board of directors.
It deals with the firms that finish their titles
with "plc" (UK), "Inc" (US) or "AG" (Germany).
According to the American Professors Hansmann and
Kraakman of
Harvard University,
the five defining characteristics of the modern
corporation are...
The last of these defining
features is contested. For a start, it is pointed
out that shareholders do not own corporations, they
own their shares.
Ownership of a corporation is complicated by
increasing social and economic interdependence, as
different
stakeholders
compete to have a say in corporate affairs. In most
developed countries excluding the English speaking
world, company boards have representatives of both
shareholders and employees to "codetermine"
company strategy. Corporate law is often divided
into
corporate governance
(which concerns the various power relations within a
corporation) and
corporate finance
(which concerns the rules on how capital is used).
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