This thesis reviews some of the issues concerning the criminal liability and sanctioning of corporations and individuals involved in corporate crime. Prohibitions against conspiracies to lessen competition and illegal mergers under the Combines Investigation Act are used for illustrative purposes. The nature of these offences and the goals which they are designed to achieve, from an economic and political point of view, are discussed. The limitations of the criminal law and the criminal justice system, as presented by the Law Reform Commission of Canada and Professor Packer, are used to evaluate the appropriateness of the criminal law and the criminal justice system for enforcing prohibitions against conspiracies to lessen competition and illegal mergers. It is concluded that the system is appropriate for enforcing the laws against conspiracies to lessen competition and inappropriate for regulating mergers. The corporate entity is the most common vehicle through which conspiracies to lessen competition takes place. The nature of the corporation, how it makes and implements decisions, and its relationship to individuals within the corporate structure are examined in order to shed some light on how corporate behavior can be controlled. The present methods used to attach criminal liability to corporations and an alternative method, structural liability, are discussed. The liability of individuals involved in corporate crime through aiding or acquiescing, is also considered. There is a discussion of some of the rules peculiar to corporations. The goals which judges hope to achieve in sentencing corporations for illegal conspiracies and the appropriate criminal sanctions to be used to achieve compliance from corporations and individuals involved in corporate crime are considered. A number of recommendations are made with regard to improving the control of corporate behavior through the criminal justice system. / Law, Peter A. Allard School of / Graduate

No description available.

published_or_final_version / Law / Master / Master of Philosophy

University of Macau / Faculty of Law

This thesis examines the process of approximating EC law that the Czech Republic has undertaken both under the Europe Agreement and in order to fulfill one of the conditions for membership in the European Union. The thesis aims to determine whether the transposition of EC legislation has been undertaken with a view to effective implementation of the acquis communautaire and to assess what implications this process will have for the Czech Republic. To this end, three areas of law which are subject to approximation are examined, namely competition law, environmental law and company law. Accordingly, Chapter I provides a general overview of the process of approximation and the challenges it poses for the Czech Republic. The process of approximation in the field of competition law is examined in Chapter II, followed by environmental law in Chapter III. The area of company law is addressed in Chapter IV. Finally, Chapter V concludes with an analysis of the findings of the previous chapters with a discussion of the implications of approximation for the legal order of the Czech Republic.

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

No description available.

The shareholders in general meeting and board of directors are the main governing organs of a company. Control of the general meeting theoretically ensures control of the composition of the board of directors who are usually empowered by the articles to manage the day-to-day administration of the company. The company acts by shareholders and directors voting and passing resolutions in general meeting and board meetings respectively. Controlling sufficient votes to pass resolutions in general and board meetings is therefore the essence of corporate control. A shareholder's right to vote in general meeting is a proprietary legal right, severable from the other incidents of share ownership. By aggregating voting rights, or limiting the scope of the voting rights of some shareholders, or restricting ownership of voting rights to certain specified persons, voting control in the general meeting may be acquired. / LL.M / Private Law

published_or_final_version / Business Administration / Master / Master of Business Administration

Thesis (LLM. (Development and management law)) -- University of Limpopo, 2012 / This mini-dissertation highlights corporate governance initiatives in South Africa, focusing on the proposed governance reforms. An analysis of the major corporate governance reform is done including, statutory reforms, development of codes of conduct and practice and institutional reforms. The evolution of South Africa’s corporate structure and forces driving corporate governance is examined. It is noted that corporation in South Africa cannot shield themselves from the global movement shaping the standard principle governing corporations. Therefore the global principle corporate governance are examined concerning how they can serve as models for enhancing corporate governance standard in South Africa. The analysis is based on the need to bring South Africa’s corporate governance in line with international accepted standard but considering the best interest of South Africa and its citizen.