Deux techniques permettent d'effectuer la cession des entreprises en difficulté : d'une part, la cession d'entreprise à proprement parler, c'est-à-dire la cession externe plus souvent appelée "plan de cession" en raison des dispositions du Code de commerce. Et d'autre part, la reprise interne de l'entreprise qui conduit l'investisseur à présenter un plan de continuation que celui-ci prenne la forme d'un plan de sauvegarde ou de redressement. Cette étude tente de déterminer les points de convergences et de divergences entre ces deux formes de cession de l'entreprise en difficulté. En apparence, certaines dispositions font de la cession externe la forme de cession la plus attractive, mais en pratique la cession externe entretien une relation conflictuelle avec les autres branches du droit, ce qui peut être une source de risques pour le candidat à la reprise. Afin d'éviter les inconvénients de la cession externe, ce dernier peut se diriger vers la reprise interne. L'étude des conditions et des effets des différentes formes de cession des entreprises en difficulté met en évidence l'existence d'une étroite convergence des deux modes de reprise. De la sorte, la reprise interne s'avère être un mode de cession concurrent de la cession externe. Ainsi il est parfois plus opportun pour le candidat à la reprise d'effectuer une reprise interne qu'une cession externe. / Two technics permits to do the transfer of companies in difficulty : in one side, the transfer of companies in the strict sense of the word, it is the external transfer more frequently called "transfer plan" owing to dispositions in the Commercial code. In other side, the internal takeover leads investors to introduce a business continuation plan which is a protection plan or a recovery plan. This study tries to determine points of convergence or divergence between this two forms of transfer of companies in difficulty. In appearance, some dispositions do the external transfer the more attractive of the transfer form, but in practice the external transfer maintain a controversial connection with other branches of law, that will be a sources of risk for the candidate for taking over. In order to avoid the disadvantage of the external transfer, the latter can make for an internal takeover. The study of conditions and effects of different forms of transfer of companies in difficulty put in evidence the existence of a narrow convergence of the two way of takeover. In this way, the internal takeover take out to be a way of competing transfer of the external transfer. Thus it is sometimes more appropriate for the candidate of the takeover to do an internal takeover then an external transfer.

Legislation regarding the incorporation in the Czech Republic and Great Britain in comparison. The thesis aims to evaluate the legislation of the Czech Republic and Great Britain regarding the process of incorporation and issues related to newly established companies. The thesis also proposes changes to Czech legislation and seeks to determine which of the systems is more favorable for the founders. The thesis comprises seven chapters, each of them dealing with different aspects of the process of incorporation in both countries. The introductory first part defines the principal aim of the thesis, points out problematic areas and explores difficulties arising with regards to language and translation. Chapter one is subdivided into three parts and deals with legal framework of both countries as well as the matter of legal personality. Chapter two, which is subdivided into two parts, is devoted to the definition of what constitutes a company. First, companies recognized under British law are introduced; second, the four types of Czech companies are described. Chapter three is subdivided into two parts and deals with methods of incorporation. These methods are shortly introduced and, in the second part, the normative method of incorporation in the Czech Republic is described. Fourth chapter is composed...

L’importance du cautionnement pour les sociétés est indéniable. En plus de contribuer à l’essor de ces dernières par l’accès au crédit, le cautionnement s’impose comme un levier de célérité et de simplicité, atouts majeurs dont requiert le monde des affaires. Cependant, son implémentation dans le cadre des sociétés ne va pas sans poser des difficultés. En effet, l’articulation du cautionnement au sein des sociétés suscite une multitude de controverses et d’ambiguïtés. La combinaison des règles du droit des sociétés et de celles des sûretés n’est pas toujours empreinte d’homogénéité. La complexité de la mise en œuvre du cautionnement au sein des sociétés prend un relief particulier quand il s’agit d’ajouter au panel des règles existantes, les multiples productions jurisprudentielles et les innombrables apports de la doctrine. Ces diverses confrontations dépouillent la matière de sa fluidité, de sa cohérence et par là-même, de son efficacité. Son essence première s’en trouve entachée et le seul trait qui semble ne souffrir autant de reproches est son caractère singulier. L’état des lieux actuel révèle que la mise en œuvre du cautionnement dans les sociétés manque de clarté. Les incessantes interventions du législateur, les désaccords entre les acteurs juridiques, tendent à « polluer » son régime et à le compromettre, ce constat étant valable dans ses deux variantes, que le cautionnement soit donné par une personne physique, le dirigeant social, ou par une personne morale, la société. En pareil contexte, il est impératif de redonner son éclat au cautionnement. / The importance of surety bond for companies is undeniable. In addition to contributing to the growth of the latter through access to credit, surety bond is a lever of speed and simplicity, which are major assets required by the business world. However, its implementation in the context of companies is not without difficulties. Indeed, the articulation of surety bond within companies gives rise to a multitude of controversies and ambiguities. The combination of corporate law and security law rules is not always uniform. The complexity of the implementation of surety bond within companies takes on particular importance when it comes to adding to the panel of existing rules, the multiple productions of case law and the countless contributions of doctrine. These various confrontations deprive the material of its fluidity, its coherence and, consequently, its effectiveness. Its primary essence is tainted by it and the only trait of character that seems not to suffer so much reproach is its singular character. The current inventory shows that the implementation of surety bond in companies is unclear. The incessant interventions of the legislator, the disagreements between the legal actors, tend to pollute his regime and compromise it, this observation is valid in these two variables, whether the assurance is given by a natural person, the company director or by a legal person, the company. In such a context, it is imperative to restore the surety bond to its former glory.

Thesis (M.M. (Finance & Investment))--University of the Witwatersrand, Faculty of Commerce, Law and Management, Graduate School of Business Administration, 2013. / South Africa has recently introduced into law a new Companies Act that has, amongst other changes, a segment dubbed „Chapter 6‟, which specifically focuses on distressed companies and their rescue/resolution. While past Acts in South Africa have had sections on distressed companies, none has positioned financial distress resolution as prominently within the Act as Chapter 6 has done. This hitherto lack of formalized focus of on business rescue in past Acts, made informal loan workouts the de facto mainstay for distressed business resolution in South Africa. It is therefore considered worthwhile that an investigation be undertaken to ascertain whether or not the newly legislated formal processes for rescuing distressed businesses will change the culture and/or overall view on the effectiveness of rescuing distressed businesses in South Africa. An online questionnaire of 17 questions sent to 5 different occupation categories generated 61 responses, which were around four coherent themes. From the analysis of the responses it was found that the inclusion of Chapter 6 (formalized business rescue legislation) in the new Companies Act was a welcome legislation with clear value-additions to company law in South Africa. The results also indicated that there is a level of uncertainty with regard to this legislation; thus, suggesting it is likely that informal loan workouts will remain a real option for some businesses in distress.

Vaal University of Technology / ABSTRACT Keywords: job satisfaction, absenteeism and private security companies Organisations are faced with the challenge of satisfying their employees in order for them to cope with the competitive environment. In order to increase productivity, efficiency and effectiveness and to show commitment in their work, organisations must ensure that they satisfy the needs of employees to avoid absenteeism. Over the past years, organisations have attempted to find solutions for recovering and developing management of employees’ resource, placing more emphasis on the reduction of employees’ work absenteeism. Management within the organisations has introduced different methods such as teamwork, shift work system and employee motivation as strategies to improve employees’ satisfaction, motivation and reducing absenteeism with the aim of improving overall organisational performance. Absence from work is a complex issue that can be influenced by multiple causes within an organisation or could be personal in nature. The purpose of this study is to examine job satisfaction and absenteeism among entry level security officers within the Southern Gauteng region. A quantitative methodology with a non-probability survey administered to a convenience sampling was used to examine the relationship between the study constructs. In the empirical investigation, a sample of 200 was selected to participate in the study. In order to measure the study constructs, two survey materials were adapted. The participants were asked to complete two test instruments, namely a job satisfaction questionnaire (JSS) and an absenteeism questionnaire. Of the 200 questionnaires that were distributed to the identified sample of entry level security officers, 199 (n) responded. The collected data were computed through correlations analysis to evaluate the relationship between variables and the results are presented and discussed in detail. The findings of this study showed a low level of job satisfaction among entry level security officers in this particular region of Southern Gauteng. The three factors found to influence job satisfaction among security officers are lack of support from management, operating conditions and stimulating tasks. Furthermore, pay, promotion, supervision, benefits, rewards, operating conditions, relationship with co-workers and lack of communication seem to be correlated negatively with the personal, supervisory, work and organisational factors of absenteeism. Through ANOVA, three of the job satisfaction factors indicate significant variances. Differences were found for the operating conditions (p=0.000; p<0.055), co-workers (p=0.000; p<0.05), communication (p=0.000; p<0.05) and the type of employment. Further, the reliability of the job satisfaction and absenteeism sub-scales were found to be reliable. It is recommended that private security industry management could explore the relevance of the various job satisfaction factors that could influence the job and potentially cause low satisfaction among entry level security officers. The outcome of such a process could guide future actions aimed at improved job satisfaction. The private security sector should consider the implications of their staffing practices. It is recommended that terms of employment should be more permanent in nature to aid overall job satisfaction.

Mergers and acquisitions (M&As) of private target firms is a common phenomenon and being acquired is the desired outcome for some private firms, as it is the path to wealth creation for these firm’s owners and investors. However, this M&A type has received limited attention in the literature, especially from the perspective of the target firm. Furthermore, neither a theoretical model to explain the phenomenon where the goal of the target firm is to be acquired in M&A, nor an indicator to gauge wealth creation for such firms were identified in the review of the literature. This paper established that, because being acquired in a M&A may be the goal, the wealth generated from the M&A is the outcome or performance indicator for such firms. The outcomes of M&As depend, among other factors, on the acquiring firm’s perception of the target firm’s value. Thus, this paper coined the term ‘private firm’s attractiveness as an acquisition target’, and built on the resource based view of the firm and signaling theory to identify factors that influence a private firm’s attractiveness to acquirers. Furthermore, private firm’s attractiveness as an acquisition target was used as the bridge between the acquiring firm perspective and target firm perspective in a M&A. The resource-based view of the firm and the signaling theory were used jointly in building the theoretical framework for hypotheses development. Hypotheses were tested using a sample of 222 acquisitions of US private target firms by US public acquiring firms. Hierarchical regression with inverse mills ratio, as well as two-step Heckman model were used to address the potential selection hazard. Results provided strong support for most hypotheses, and showed that investor involvement, target firm’s industry innovativeness, and target firm’s emphasis on growth in human capital were positively related to the private firm’s attractiveness as an acquisition target. Furthermore, the effects of emphasis on growth in human capital were stronger when the target firm’s growth in revenue was lower and when the target firm operated in a more innovative industry. The effects of emphasis on growth in revenue were stronger when the target firm operated in a less innovative industry. / Includes bibliography. / Dissertation (Ph.D.)--Florida Atlantic University, 2018. / FAU Electronic Theses and Dissertations Collection

Some experts (Bucknall and Ohtaki, 2005, Hansen and Lee, 2009, Bennington and Habir, 2003) pointed out how influences of western theories and the lack of indigenous research study highlighting the need for qualitative studies on how workplace learning is applied in Indonesia. Answering this need my research study attempted to describe the current distribution of workplace learning approaches in big companies in Indonesia, their evolution, and how the assumptions of HR practitioners reflect those changes. A qualitative research study was conducted in six major companies in Indonesia of various industrial backgrounds by interviewing their HR managers and staff, observing their training classes, and analyzing all company documents pertaining to workplace learning. The following conclusions were reached. Firstly, the most prominent workplace learning approach in Indonesia is the Classical Classroom approach, especially the lecture method. All subject companies in this study used it as the primary or sometimes the only learning approach. Secondly, workplace learning in majority of the companies in the past 20-30 years had evolved to become more structured and formal, even though two companies had employed multiple approaches. Thirdly, different views and assumptions were elicited from the interviews. Some of the approaches described are beneficial to the development of workplace learning in companies, such as the sense of pride and ownership, while others - such as the event-organizer syndrome, which is bureaucratic, emphasizes quantity over quality, and focuses on the lecture approach to training - are quite detrimental to workplace learning. Lastly, the dominant organizational dynamics that were found to affect workplace learning in this study were organizational cultures, leadership, and reaction to external forces. A few recommendations were given. HR staff and corporate leadership need to become result-driven to combat the event-organizer syndrome, and to constantly update themselves regarding basic and academically sound practices by educating themselves through self-study and formation of an association of training professionals. A quantitative research study with a more comprehensive sample is needed to give us a complementary view of workplace learning practices in Indonesia. Finally, a more in-depth is encouraged to gain additional insights about workplace learning in Indonesia.

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

Wang, Zhuojun. / Thesis (M.Phil.)--Chinese University of Hong Kong, 2009. / Includes bibliographical references (leaves 46-47). / Abstract also in Chinese.

The objective of this research is to isolate and analyze those areas which represent the greatest difficulty in expense, ad ministrative burden and confusion. Information was gathered by survey and interviews to determine what services are offered by underwriting firms and what services small businesses have found most beneficial in planning and executing their offering. The information gathered in Utah is compared with that gathered in California to determine the differences in the public equity markets of the two regions . These differences are the bas i s for the recommended changes in the underwriting procedures in Utah.