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The purpose of this study is to gain answers an opinions from both companies offering stock ownership plans for their employees and from unions who participate or have members that participate in plans. In order to obtain answers from both companies and unions concerning plans, this study describes broadly the types of plans that are now in existence. An attempt was made to determine the most popular features of stock plans from both company and union viewpoint, and where possible, to gain recommendations leading to the formulation of more efficient and more popular plans.

I use the passage of the Tax Increase Prevention and Reconciliation Act of 2005 (TIPRA), which alters the after-tax considerations of foreign internal capital markets, as a quasi-natural experimental setting to test whether a reduction in the tax costs associated with moving foreign capital increased firms' use of holding companies. In separate tests using Compustat and IRS data, I document that firms increase holding company use after TIPRA. Furthermore, I find that firms with the greatest increase in holding companies also increase their post-TIPRA foreign sales and generate more persistent foreign earnings. I interpret these findings to suggest that TIPRA is associated with increased global competitiveness for firms that actively modify their organizational structure. In additional analysis, I attribute this increased global competitiveness to maintained liquidity and capital investments during a financial crisis relative to firms that do not respond as strongly to tax incentives to utilize holding companies.

LL.M. (Commercial Law) / South African company law has seen many changes in respect of corporate rescue, due to inter alia globalisation, increase in open trade, instant and freer communication and the need for better regulation of companies and stakeholders. As a result, the previous rescue mechanism of judicial management was widely criticised and poorly implemented. The Companies Act 71 of 20081 has however now replaced judicial management with business rescue. Business rescue encompasses many facets, most importantly the moratorium in section 133. Section 133 has already, and will even more so in future, have a dramatic impact on the launching or continuation of any legal or enforcement proceedings against a company undergoing business rescue, the status and enforceability of its contracts and the rights of affected parties (ie creditors, shareholders and directors). This study will discuss the general nature and effects of rescue moratoria and the moratoria (or lack thereof) created under the Companies Act 61 of 1973,2 the 2008 Companies Act and the administration procedure in England. The moratorium under each relevant rescue procedure will be analysed according to its purpose, nature, effects and procedure. As such, this study will attempt to set out why the section 133 moratorium is the cornerstone to the business rescue procedure and vital in securing the turnaround of the company. The section 133 moratorium will, to a great extent, determine whether business rescue is a saving grace in South Africa. I will discuss why I welcome business rescue (and its moratorium) and consider it an improvement on judicial management, but also what I regard as its inherent weaknesses. This study will conclude with my proposals regarding prudent amendments that have to be made to the 2008 Companies Act.

LL.M. (Commercial Law) / The introduction of Chapter 6 of the Companies Act No 71 of 2008 into the South African corporate insolvency setting had a noteworthy impact on procedures as we knew it and replaced its predecessor, judicial management in terms of the Companies Act no 61 of 1973. Chapter 6 provides for business rescue proceeding, its main function being to assist and rehabilitate financially distressed companies. The significance of this chapter is that it promotes proactive action to be taken by companies in initiating business rescue proceedings when possible financial distress becomes apparent. Business rescue proceedings can commence by making use of S 129 of the Companies Act No 71 of 2008 or of S 130 of the Companies Act No 71 of 2008. S 129 allows for the board of directors of the company to pass a resolution permitting business rescue proceedings to apply to the relevant company. S 130, on the other hand, makes provision for an affected person to apply to the High Court with a query regarding a company and business rescue proceedings. A remarkable number of new provisions were introduced relating to business rescue procedures and with their introduction came the responsibility of our Courts to interpret its rightful place within our law. As a result, the valuable question of when our courts should aim to rescue a company and when to liquidate the company’s assets in order to settle its debts, must be asked. Both proceedings have the same aim; that is helping the financially distressed company pay its debts. However, both also employ vastly different methods to achieve their aims and with different consequences. Business rescue aspires to rescue the company by restructuring its financial arrangements in order to allow for the business of the company to be sold as a going concern. Business rescue further aims to help the company settle all its claims against it in full. Liquidation, on the other hand, aspires to sell all the company’s assets and divide the profit of the sale to settle the claims of the company’s creditors. The company will thereafter be dissolved. This dissertation aims to analyse the suitability of business proceedings compared to liquidation proceedings by purposefully examining the requirements for both proceedings as well as their advantages. Furthermore, this dissertation will provide for a comparative study between the Australian and South African business rescue proceedings respectively.

LL.M. (Commercial Law) / Please refer to full text to view abstract

Thesis (M.B.A.)--Boston University / PLEASE NOTE: Boston University Libraries did not receive an Authorization To Manage form for this thesis or dissertation. It is therefore not openly accessible, though it may be available by request. If you are the author or principal advisor of this work and would like to request open access for it, please contact us at open-help@bu.edu. Thank you. / 2031-01-01

<p>The recent emergence of Multinational Companies (MNCs) from developing countries as players of major role inside their industry has led the academic agenda to dedicate a lot of efforts on better understand the internationalization particularities of companies from this kind. This research aims on contributing to the already existent theoretical bodywork by highlighting the differences between firms from developed and developing countries by performing a cross-country comparison between two firms from the same industry: a Brazilian company, which will be called Beta due to confidentiality issues, and a Swedish company, which will be named Alpha. Although being joint-managed by Swedish and Swiss assets, this study focus on the Swedish part of the society, which is constituted by the firm which will be named Gamma. Both companies operate on the electric motors, power and automation technologies segment. The theoretical framework used was built under traditional International Business theories, such as the Nordic Research School in International Business and the Eclectic Paradigm. The method used constituted in a multiple case-study and data were collected from companies’ reports  as well as other publications, and primary data were collected by applying a questionnaire with both firms. Results highlight how the self-experience was more important for Beta while partnerships affected more the case of Alpha. Different ownership advantages structures held each firm point out that the developed country MNC enjoys greater brand equity, making the developing country firm to provide adapted solutions to its customers in order to compete in the market. The orientation on seeking for localization advantages can be described as an extent as their capacities developed in the home market, and the drivers for producing abroad are similar among the firms.</p>

Thesis (Ph. D.)--Ohio State University, 1984. / Includes vita. Includes bibliographical references (leaves 205-210). Available online via OhioLINK's ETD Center.