Originally presented as author's thesis (Ph. D.)--University of Minnesota, 1949. / Bibliography: p. 125-128.

Thesis (Ph. D.)--University of Wisconsin--Madison, 1964. / Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 157-165).

This dissertation discusses the continued existence and enforceability of exemption clauses within the framework of the subsequent movement towards consumer protection. It is argued that the provisions of the Act will lead to the consequence that unfair exemption clauses will be phased out because it could be declared void in terms of this Act and consequently its use will become impractical. Although exemption clauses can be viewed as an essential part of most contracts, such clauses are regarded as one of the most contentious clauses in practice, because they usually exclude the liability of the supplier for losses resulting from defective performance. This Act will lead to a shift away from the strict rule of freedom of contract towards a position of consumer awareness and fair contracting. The Act further provides consumers with the right to, inter alia, good quality goods and services and guarantees these rights by prescribing and controlling the liability of the suppliers. As a result, liability due to defective goods and services may no longer be exempted through exemption clauses. Disputes regarding the fairness of such clauses must further also be considered in view of the guidelines set out in the Act. This study however welcomes the enactment of the Act and believes that it could benefit the country as a whole. / Dissertation (LLM)--University of Pretoria, 2011. / Mercantile Law / unrestricted

Background: The Swedish law require companies’ annual report to be audited. Due to that auditing have the effect of a quality stable to honest and reliable reports. Now the Swedish law is making exemption of the audit duty for small companies. This means that auditing is voluntary. Therefore, when small companies choose to take away auditing they will also choose to take away the quality stable in their annual report. The quality stable is of matter for creditors’ decision to supply financial resources, due to that the quality stable from auditing contributes to trust. With trust, small companies will get financial resources from banks. By taking away auditing will lead to less trust which affects the supply of financial resources.    Purpose: The purpose of this thesis is to examine from banks’ perspective trust for company in relation to the annual report, and company´s possibilities of financial credit from banks.        Method: This study carried out the multiple case studies to gain richer understanding on trust. The case study aims to examine a small sample of the population. This method also generates answers to how as well as what and why. The author randomly chose three banks and carried out in-depth interviews with them. Theory: Auditing is the auditor’s statement of the annual report. It requires the auditor to be independent and have integrity when making the statement. The role of the auditor is to state the reliability of the annual report. Therefore, his role is vital to the contribution of trust. Driscoll (1978) and  (1988)  made research on trustee and trustor’s relationship. Their research bases on the several contributions to trust and the process of remaining trust between them. Which, in this study the reliability, audited annual report is main source that contributes to trust. The vital link in this trustee (company) and trustor (bank) relationship is the audited annual report. Conclusion: The study contributes to a lack in auditing reduces creditor’s (bank) trust in the annual report. The auditor’s statement of risk is vital for creditors in making decision upon financial support to small companies. Annual reports are main sources in credit decisions making, and therefore audited annual reports increases trust.

The Master's thesis provides readers with a basic analysis of Commission Regulation 330/2010. The mentioned regulation confers a benefit of the so called block exemption on broad spectrum of vertical agreements including in this context also certain agreements among competing undertakings. Since agreements enjoying the benefit of the block exemption are presumed to meet criteria stipulated in Article 101 (3) TFEU, the block exemption eliminates legal uncertainty which undertakings whose agreements distort competition within the meaning of Article 101 (1) TFEU would otherwise face. It follows that it is not necessary to examine such agreements on its merits. Thus, transaction costs are reduced. Structure of the thesis is chosen so that it reflects three main questions concerning applicability of the block exemption, namely whether (i) an agreement falls within the scope of Commission Regulation 330/2010, whether (ii) it contains black clauses (hard-core restrictions) and whether (iii) it contains (non-severable) grey clauses. After a brief description of wider connections and general issues in Chapter One, in Chapter Two the thesis deals with the scope of Commission Regulation 330/2010 with respect to the notion of vertical agreement, the role of intellectual property rights, the treatment of...

In the United States, children must be vaccinated in order to attend school, although parents also have the right to request a vaccine exemption. The type of vaccine exemption varies by state but can include exemption for religious, philosophical, medical, and temporary medical reasons. The purpose of this research was to identify the use of provider signature requirements and fees in states during the vaccine exemption process. A questionnaire was sent to immunization managers in the 50 United States, District of Columbia, the United States Indian Health Service, and eight United States territories. The managers were asked if their states required a provider, or other individual, to sign the exemption form prior to granting a vaccine exemption. If a provider signature was required to validate the vaccine exemption form, immunization managers were then asked to identify what type of provider was allowed to sign the form. Immunization managers also reported on whether parents needed to pay a fee in order to obtain a vaccine exemption. A provider signature was most frequently required on medical vaccine exemption forms. For religious exemptions, only two states required a signature from a religious leader. Three states allowed a physician, nurse practitioner, physician assistant, and naturopath to sign philosophical vaccine exemption forms. For medical and temporary medical vaccine exemption forms, the majority of states allowed a physician, nurse practitioner or physician assistant to sign the form. Only one state, Utah, confirmed that a fee was required to obtain religious or philosophical vaccine exemptions. With the hope of reducing vaccine exemption rates, some states employ various obstacles to obtaining and validating a vaccine exemption form, such as requiring a provider signature or charging a fee to process the exemption form. Surprisingly, only a few states required a provider signature on religious and philosophical exemption forms and only one state reported charging a fee to obtain a vaccine exemption form. Identifying these data provides opportunities to further study the effectiveness of various vaccine exemption obstacles.

<p>When anyone acquires control over a listed company the mandatory bid rule is triggered. This means that the person who acquires the control has to make an offer to buy the remaining shares in the company. The purpose of the rule is to protect the minority shareholders from the buyers. This rule has been considered to be burdensome and thus it is followed by an exemption rule which under some special circumstances may make the mandatory bid rule void. The purpose of this thesis is to analyze if the exemptions given by the Swedish securities council (in Swedish Aktiemarknadsnämnden) are in accordance with the purpose of the mandatory bid rule and if a review of these rules are needed.</p><p>To answer the purpose, the Swedish securities councils statements has been analyzed, to determinate if the exemptions are in accordance with the purpose of the mandatory bid rule. The result of the analysis is that the rules need to be changed because exemptions from the mandatory bid rule are given to arbitrary in Sweden.</p>

When anyone acquires control over a listed company the mandatory bid rule is triggered. This means that the person who acquires the control has to make an offer to buy the remaining shares in the company. The purpose of the rule is to protect the minority shareholders from the buyers. This rule has been considered to be burdensome and thus it is followed by an exemption rule which under some special circumstances may make the mandatory bid rule void. The purpose of this thesis is to analyze if the exemptions given by the Swedish securities council (in Swedish Aktiemarknadsnämnden) are in accordance with the purpose of the mandatory bid rule and if a review of these rules are needed. To answer the purpose, the Swedish securities councils statements has been analyzed, to determinate if the exemptions are in accordance with the purpose of the mandatory bid rule. The result of the analysis is that the rules need to be changed because exemptions from the mandatory bid rule are given to arbitrary in Sweden.

Abstract In the Assessed Taxes Act 1798, and the Duties upon Income Act 1799, William Pitt the Younger provided exemptions from those taxes for charitable institutions. However, the legislation failed to provide a definition of charitable purposes with respect to either Assessed Taxes or Duties upon Income. The problems for charitable institutions began when Addington introduced deduction at source in 1803, thus catching charitable institutions in the tax net by requiring them to claim refunds of Income Tax that had been deducted from their non-voluntary income. To deal with the issues arising from such claims, Pitt created the Special Commissioners in 1805. The Duties upon Income Act 1799 and its successors were only intended as temporary war-time taxes, and Income Tax was eventually repealed in 1816 once peace with France had been achieved. However, Peel reintroduced Income Tax in 1842, based on the earlier Income Tax Acts. Once again, Income Tax was intended only as a short-term fiscal measure, but that was not to be and, during the course of the Nineteenth Century, the Income Tax became a permanent fixture of the legislative calendar. However, the issue of what was understood by the term “charitable purposes” with respect to Income Tax became an issue which, it was suggested in 1863, Parliament should resolve. That was not to be, and it was not until 1891 that Lord Macnaghten, in Commissioners for the Special Purposes of the Income Tax v Pemsel [1891] AC 531 laid down the four principal divisions of charity that continue to dominate charity case law in the Twenty-First Century. Until then, the exemption of charitable institutions from Income Tax had been a contentious issue. Anthony Highmore, a London lawyer who was also very active in a number of London’s charities in the late Eighteenth and early Nineteenth Centuries until his death in 1829, proposed in 1786, that charities should be exempt from all forms of taxation. In 1863 Gladstone unsuccessfully challenged the exemption of charitable institutions from Income Tax, arguing that income other than voluntary donations should be taxed, and that governments should decide which charitable institutions were worthy of direct government funding. However, charity case law continued to influence the decisions of the Special Commissioners until ultimately in 1891 Pemsel resolved the issue in a case which continues to resonate in the Twenty-first Century. The question that this Thesis seeks to answer is, what was the rationale for the charitable purposes exemption from Income Tax that Pitt had provided in his Income Tax Acts? I propose that the rationale was not founded in fiscal policy, or charity case law, but in social policy as influenced by the Evangelicals of late Eighteenth Century London, predominantly William Wilberforce and Hannah More, who were close friends of William Pitt the Younger.

Bakgrund: År 2006 så initierade regeringen en utredning gällande slopandet av revisionsplikten i Sverige, som en del i att anpassa sig till EU:s direktiv. Regeländringen gick igenom år 2010 och små aktiebolag i Sverige fick möjligheten att välja bort revision. Efter slopandet av revisionen har diskussioner angående en ytterligare harmonisering mot det högre gränsvärdet i EU förts. Detta ledde in oss på forskningsfrågorna: Hur kan intressenter i Sverige påverkas av en eventuell framtida höjning av gränsvärdet? Vilka möjligheter har intressenterna att anpassa sig till effekterna av en höjning av gränsvärdet? Syfte: Syftet med studien är att undersöka de effekter en höjning av gränsvärdet för revision har för de tre signifikanta intressenterna; kreditgivare, Skatteverket och aktiebolag. Detta gör vi genom att jämföra förväntade effekter med de verkliga effekter som uppstod i EU länderna Storbritannien och Danmark. Vi ämnar att analysera tre intressenter som berörs av regeländringen. Den här studien fokuserar på hur intressenterna har påverkats i respektive land för att sedan bidra med ny kunskap om intressenters påverkan av revisionsplikt i Sverige inför en framtida höjning. De intressenter som undersöks i studien är kreditgivare, Skatteverket och aktiebolag. Metod: I vår studie har vi använt oss av kvalitativ metod och samlade in större delen av vårt data genom tidigare rapporter, utredningar och undersökningar från Sverige, Danmark och Storbritannien. Dessa har kompletterats med expertutlåtanden från två personer från Svenskt Näringsliv och Skatteverket. Slutsats: En höjning av gränsvärdet för revisionsplikten kommer att påverka vår studies intressenter på olika sätt. Ingenting i de rapporter vi tagit del av tyder på att skattebortfall kommer att öka tillsammans med en höjning. Inte heller Skatteverkets legitimitet och relationsberoende kommer påverkas nämnvärt av en höjning. Kreditgivare kommer vid förändringen uppleva en ökad osäkerhet vid kreditgivning. De kommer i högre utsträckning behöva ställa krav på de större aktiebolagen som väljer bort revision. Den direkta påverkan för aktiebolagen är att ett större antal aktiebolag kommer få möjligheten avstå från revision. En stor del av de större aktiebolagen som kommer omfattas av en höjning av gränsvärdet, kommer att fortsätta använda sig av revision trots valmöjligheten att välja bort det. Men dessa måste hitta nya metoder för att minska osäkerhet som intressenter kan känna när aktiebolagen väljer bort att revidera deras finansiella information. / Setting: In the year of 2006 the Swedish government initiated an investigation concerning the repeal of the mandatory auditing in Sweden, as a start of an adaption towards the EU directives. The repeal of the mandatory audit legislation was passed in 2010 and small companies in Sweden got the opportunity for audit exemption. After the repeal of the mandatory audit, discussions started whether Sweden should raise the threshold of the audit exemption or not. This leads us into the problem definition: How can the stakeholders in Sweden be effected by a raise of threshold of the audit exemption in the future? What opportunities does the stakeholders have to adapt to the effects of a raise of threshold? Purpose: The purpose of this study is to examine what effects a raise of threshold for auditing has on our community and its stakeholders. We compare the expected effects with the real outcome of effects in the EU-countries Great Britain and Denmark. We intend to analyze the three stakeholders that is among the affected of the legislation change. Our focus in this study is to find out how stakeholders are affected in each of every country listed above and contribute with new knowledge regarding stakeholders’ impact by the mandatory audit in Sweden for a future raise of threshold. The stakeholders being examined in this study is creditors, the Swedish tax authority and small companies. Method: In this study we used a qualitative method and the major part of our collected data is from earlier reports, investigations and studies from Sweden, Denmark and Great Britain. These was supplemented with statements from two experts, one of them representing Svenskt Näringsliv and the other one representing the Swedish tax authority. Conclusion: A raise of threshold for the mandatory audit will affect the stakeholders of our study in different ways. None of the reports presented in this study shows that the tax loss will increase together with a raise of threshold. Nor will the Swedish tax authority’s legitimacy- and relationship-dependence be affected substantially. Creditors will experience increased insecurity regarding lending and financing. They will in higher extent need to set demands on bigger companies that opt out auditing. The direct effect on companies will be that a greater proportion of bigger companies will be able to opt out auditing. A greater proportion of these bigger companies that will be a subject of the raise of threshold, will continue using audit although the opportunity to opt out. These will have to find new methods to decrease insecurity that stakeholders can find in the companies when they choose to opt out auditing.