Liability Company Research Articles

Safer not to know? Shaping liability law and policy to incentivize adoption of predictive AI technologies in the food system.

Governments, researchers, and developers emphasize creating "trustworthy AI," defined as AI that prevents bias, ensures data privacy, and generates reliable results that perform as expected. However, in some cases problems arise not when AI is not trustworthy, technologically, but when it is. This article focuses on such problems in the food system. AI technologies facilitate the generation of masses of data that may illuminate existing food-safety and employee-safety risks. These systems may collect incidental data that could be used, or may be designed specifically, to assess and manage risks. The predictions and knowledge generated by these data and technologies may increase company liability and expense, and discourage adoption of these predictive technologies. Such problems may extend beyond the food system to other industries. Based on interviews and literature, this article discusses vulnerabilities to liability and obstacles to technology adoption that arise, arguing that "trustworthy AI" cannot be achieved through technology alone, but requires social, cultural, political, as well as technical cooperation. Implications for law and further research are also discussed.

Financial Literacy and Understanding for Individuals or Small Business Owners in the Framework of Financial Accounting

This Study Examines Financial Accounting's Development And Impact On Corporate Decisions. We Show The Flow Of Financial Data From Journal Entries To Important Financial Statements, The Profit And Loss Account, And The Balance Sheet Using A Graphic Flowchart. We Examine How Financial Analysis Affects Business Reporting And Choices. The Flowchart Helps Explain Financial Accounting's Complexities. Financial Accounting's Key Steps Are Shown In The Flowchart. We Noticed That Transactions Begin In The Journal. These Entries Are Combined In The Ledger To Show Account Balances Vividly. Revenues And Costs Determine The Net Profit Or Loss In The Profit And Loss Account. A Company's Assets, Liabilities, And Equity Are Shown On The Balance Sheet Immediately. Their Relationship Shows The Balance Between Financial Stability And Profitability. Financial Analysis Is Vital To Decision-Making. Organizations May Assess Their Financial Health And Plan Forward By Reviewing Their P&L And Balance Sheet. This Study Concludes That Financial Accounting And Analysis Are Crucial To Company Choices.

Pertanggung Jawaban Perusahaan Pemilik Kapal terhadap Kasus Pencemaran Lingkungan sebagai Akibat Tumpahaan Minyak Muatan Kapal Laut di Indonesia

This academic article aims to analyze the liability of shipowners for cases of environmental pollution resulting from oil spills by ships in Indonesia. Indonesia, as an archipelagic nation with significant maritime traffic, faces serious environmental pollution risks due to oil spills from maritime vessels. This research explores the legal aspects related to the liability of shipowners for environmental damage caused by oil spills in Indonesian waters. The article discusses the legal framework governing the responsibility of ship-owning companies, law enforcement procedures, and compensation responsibilities for environmental losses. Additionally, the research analyzes common issues that arise in oil spill cases, including difficulties in measuring environmental impacts, as well as the economic and social losses resulting from pollution. This analysis considers how existing legal regulations in Indonesia govern the liability of ship-owning companies in cases of environmental pollution, as well as the effectiveness of law enforcement in practice. The research also evaluates the challenges in handling oil spill cases and identifies efforts that can be improved to reduce negative impacts on the environment and society. The research findings indicate the need for improvements in the implementation and understanding of legal aspects related to shipowners' liability for oil spills in Indonesia. This article contributes to a deeper understanding of the legal framework governing the responsibility of ship-owning companies in cases of environmental pollution and encourages improvements in regulations and more sustainable industry practices in addressing environmental pollution issues caused by oil spills.

Authorisations to Emit Greenhouse Gases – A Conflict-of-Laws Perspective

Abstract Within the framework of private climate litigation, where injured people bring civil claims concerning the liability of companies for the harmful effects of their polluting activities before domestic courts, this contribution investigates the role of authorisations to emit greenhouse gases under Directive 2003/87/ec (Emissions Directive), when they are not specifically part of the lex fori (law of the forum) and lex causae (law applicable to merits). A traditional way to consider greenhouse gas emissions permits in these disputes is via the rules of safety and conduct under the Article 17 of the Regulation (ec) No. 864/2007 (Rome ii). The author of this contribution considers that there may be a different reading of such rules, i.e. the interpretative elaboration of a unilateral conflict rule in the Emissions Directive, which would allow the authorisation issued by a State whose law is different than the lex fori and lex causae ones before the courts of EU Member States to be relied upon. Furthermore the authorisation, in circulating, carries with it the (possible) exempting effect under the civil liability rule of the State issuing the authorisation.

MEAT CARTELS AND THEIR MANIPULATION OF HALAL CERTIFICATION IN MALAYSIA

A cartel is an agreement between several individuals or companies and others to engage in a scheme for the purpose of maintaining the business status quo by inter alia regulating and controlling prices and marketing territories. This is usually done with the aim of curbing competition and maximising profit, especially in the food supply chain. Qualitative research methods were used to investigate meat cartels falsifying halal certifications. Legal provisions, case law, journals, and articles were examined as sources of information and analysed to gather information related to the research topic. Presently, the perpetrators can be charged under Trade Descriptions Act 2011 and the Trade Descriptions (Certification and Halal Marking) Order 2011. There are more than 20 Acts that relate to halal standards which could be enforced under the law to ensure heavier punishments are meted out on the ‘food criminal’. The article also looks at the extent of the issue of corporate liability of companies that can be imposed on individuals involved with halal criminal offenses based on legislations other than the Trade Descriptions Act 2011 and the Trade Descriptions Order (Halal Certification and Marking) 2011. Hence the objectives of this article are to analyse the issue of meat cartels in Malaysia and to study the laws related to halal matters in terms of corporate liability within the provisions of the law. It is suggested that there is a need for a legal improvement relating to company liability in criminal cases relating to halal meat in Malaysia.

Share ownership and the introduction of no liability legislation in nineteenth-century Australia

The no liability company – where investors are not liable for uncalled parts of their shares – is unique to Australasia. Deploying a large dataset, we provide the first empirical examination of the effects of this new corporate type on company formation and shareholding. Victorian gold mining was the earliest and most pervasive user of no liability. No liability companies largely replaced limited liability within a decade of the legislation in 1871, which was more rapid than the transition from unlimited to limited liability companies in several other nations. No liability firms attracted a broader range of investors, geographically beyond the mining districts, and amongst occupations most conscious of their benefits, especially gentlemen and financiers who believed they were less risky because of the removal of call liabilities and the mitigation of previous regulatory failures. No liability was a response to the high risks of gold mining in an itinerant early settler society.

The Influence of Financial Distress, Tax Planning and Good Corporate Governance (GCG) on Earnings Management with Internal Control as an Intervening Variable

Financial distress occurs due to the company's failure to manage finances. These continuous losses result in capital deficiencies and even worse conditions when the company's liabilities are much higher than the company's assets. The sample of this study was 126 BUMN companies selected using purposive samples. The results of the analysis and testing carried out can conclude that financial distress and good corporate governance affect internal control. At the same time, tax planning does not affect internal control. Then, financial distress, tax planning, and good corporate governance do not affect earnings management, while internal control affects earnings management. Furthermore, financial distress and good corporate governance affect earnings management through internal control, while tax planning does not affect earnings management through internal control.

The fossil fuel industry's suppression of public knowledge surrounding the toxic effects of benzene

Abstract Individuals working in industries that produce or use benzene, a chemical compound known to produce chronic health effects including leukemia and death, are occupationally exposed to the highest levels of benzene. It is much less known how corporations, and in particular Shell Oil Company, suppressed public health information and formed relationships to promote false data to influence legislation and standards regarding benzene. We conducted archival research in the UCSF Chemical Industry Documents Library by reviewing the Benzene collection which contains 4,025 Shell Oil Company internal documents (1920s-1990s). We conducted standard snowball keyword search methods and thematically coded for major events, individuals, and relationships regarding the suppression of benzene. In 1949, Shell executives privately admitted that there was no safe level of exposure to benzene. During the 1950s, Shell unsuccessfully attempted to find cheaper alternatives to replace benzene used in petroleum. As scientific evidence emerged regarding the health harms of benzene in the 1960s and 1970s, government regulatory agencies increasingly proposed regulations to minimize benzene exposure. In response, Shell executives funded research to downplay benzene exposure to workers. Shell also used these studies to suppress and misdirect emerging evidence. Meanwhile Shell developed internal employee handbooks and monitoring programs to minimize any threats of company liability instead of dropping the usage of benzene. Internal Shell documents reveal the company suppressed public knowledge surrounding the toxic Effects of benzene since the 1940s. Governments should ban the use of benzene to protect the health and safety of workers.

Analysis of the Effect of Return on Assets (ROA) and Current Ratio (CR), on Stock Prices with Earnings Per Share (EPS) as a Moderation Variable (On the Mining Sector on the IDX 2020- 2022)

In the investment world, investment decisions are important in determining future investment success. In capital market activities, stock prices are a very important factor and need to be considered by investors because stock prices show the performance of the issuer. One of them is a mining company in Indonesia. The stock price also shows the value of the company, with the higher the stock price of a company, the higher the value of the company and vice versa. Return On Assets (ROA) is a ratio of profitability that shows the result (return) on the total assets used in the Company. The current ratio (CR) is a liquidity ratio that compares the company's current assets with the company's current liabilities. Earnings per share (EPS) is an important indicator in fundamental stock analysis, which describes how much profit a company generates for each share owned by an investor. This study uses regression analysis which aims to determine the effect of variable performance, at least in terms of ROA, does not affect the value of the company's shares in the time period studied. The Current Ratio (CR) also does not affect the share price of mining companies on the Indonesia Stock Exchange in the 2020–2022 period. This means that the company's liquidity level as measured by CR does not significantly affect the company's share price in the market. In the mining industry listed on the Indonesia Stock Exchange in the 2020–2022 period, earnings per share (EPS) does not affect the effect of Return On Assets (ROA) on stock prices. In other words, a change in a company's EPS does not change how ROA affects its share price. Earning Per Share (EPS) is also not able to moderate the influence of the Current Ratio (CR) on share prices in the mining industry which are listed on the Indonesia Stock Exchange in the 2020–2022 period. This means that a change in a company's EPS does not change the way CR affects the company's stock price.

Optimum Fund Allocation Strategy by Considering the Company's Assets and Liabilities

Investment is essentially placing some funds at present with the expectation of future profits. The basic thing that an investor needs to know is that there is a risk that follows the profit/return. In determining the proper allocation of funds, an investor needs to consider the company's assets and liabilities. Company assets can be in the form of shares, property, and others. Meanwhile, the company's liabilities include debts and other obligations. One of the sectors whose company value has stagnated or increased during the Covid-19 Pandemic is the financial sector. Securities companies are a sub-sector of the financial sector which has a fairly strong position during the Pandemic. This research aims to determine the weight of fund allocation in each company forming the optimum portfolio and to see the effect of the company's assets and liabilities on the formation of the optimum portfolio. One of the methods used is the Lagrange Multiplier method for model formulation. The results of this study show that the optimal portfolio weight of PANS companies is 16.31% with an allocation of funds amounting to Rp163.612.976,00, the optimum portfolio weight of RELI companies is 83.003% with an allocation of funds of Rp830.029.681,00, and the optimum portfolio weight of TRIM companies is 0.636% with the allocation of funds amounting to Rp6.358.243,00. In this study, it was also found that the greater the percentage difference between the company's assets and liabilities, the greater the company's optimum portfolio weight.

Criminal law regulation of private military and security companies in the USA

The article examines the criminal law regulation of private military and security companies in the United States. The genesis of the emergence of private military and security companies, their functions and principles of activity are considered. The author analyzes the legislative framework that defines the status and position of private military and security companies in the United States. The legal relations of US government agencies with private military and security companies are studied. The author analyzes the US regulations on the joint activities of the US Department of Defense, the Department of Justice and the Department of State on the joint policy governing the powers of private military and security companies, namely, the mechanism of command and control over employees of private military and security companies, including in the collection and analysis of intelligence information. The author identifies topical issues of criminal law regulation of activities and liability of private military and security companies in the United States. The article examines the doctrines of liability that have, in one way or another, provided private military and security companies with the opportunity to protect themselves from prosecution in American courts. Some of the liability rules relate to the immunity of the State from prosecution in any court, both domestic and foreign, which have been repeatedly applied by the United States. Key words: private military companies in the USA, private security companies in the USA, criminal law regulation, regulatory acts of the USA, principles of activity.

An Exploratory Study on Compulsory Liquidation of a Company and its Liability

This research paper delves into the intricacies of company liquidation, focusing on the winding-up process as an essential legal mechanism to terminate a corporation's existence. The study addresses the objectives of understanding the causes of liquidation, the liabilities of companies during liquidation, and the powers of courts and tribunals in the process. The research scope primarily centers on India's legal framework, encompassing the Companies Act of 2013 and the Insolvency and Bankruptcy Code of 2016. The paper finds that while insolvency is often perceived as the primary reason for liquidation, other factors contribute to the decision. Compulsory winding-up procedures are aimed at permanently closing businesses that are no longer viable, relieving directors of unmanageable debts, and preventing improper trade practices. The research highlights the roles of different adjudicating authorities and examines the differences between voluntary and compulsory winding-up modes. The study draws from existing literature and empirical research to substantiate its findings. The authors compare provisions under the Companies Act and the Insolvency and Bankruptcy Code to showcase the evolution of winding-up regulations. They emphasize the importance of efficient liquidation procedures to address India's bad debt issues. In conclusion, the paper underscores that while insolvency is a significant factor, other circumstances lead to company liquidation. The legal reforms introduced by the Insolvency and Bankruptcy Code have streamlined and expedited the winding-up process, ultimately aiming to facilitate the resolution of bad debts and improve the overall economic landscape. The authors suggest more prudent enforcement of penalties, the preference for voluntary winding-up when suitable, and continued emphasis on the efficiency of the new legal framework.

The Study of Responsibility Regarding the Company's Tax Liability for the Head Director

The Study of Responsibility Regarding the Company's Tax Liability for the Head Director

LQ45 Company Profitability on the IDX for the 2021 Period Through the Effect of the Current Ratio and Receivable Turnover

Purpose: The purpose of this study was to find out and analyze the Influence of the Current ratio and Receivable turnover on Profitability. The theoretical framework: Evaluating profitability through various ratios, companies can be classified into two categories: margin ratios and return ratios. Liquidity, activity, and profitability are important issues to be continuously monitored, that’s why the study uses the Current ratio and the Receivable turnover as tools in finding the relation between the Current ratio and Receivable turnover on Profitability partially and simultaneously. Methodology: The research method used in this study is a descriptive survey and an explanatory survey. The unit of analysis in this study is the LQ45 company’s financial statements on the IDX for the 2021 period. The type of investigation is causality, and the time horizon in this study is time series. This study uses multiple regression analysis. Finding: Partially and Simultaneously, the Current ratio and Receivable turnover have a significant effect on Profitability. Receivable turnover is more dominant in influencing Profitability, it becomes the first priority in increasing Profitability. Research Policy Implications: In efforts to increase profitability, the main priority is to have increased Receivable Turnover to maintain business continuity. To increase accounts receivable turnover, these companies are expected to be able to encourage acceleration and accuracy of collection of accounts receivable, with the intention that investment is not fixated on just one sector, for example only focusing on fixed assets, so that the company's financial stability can be maintained properly. Increasing the current ratio by optimizing the elements of current assets to cover all of the company's current liabilities. Originality/value: Companies are advised to consistently improve accounts receivable turnover; so that the company's financial performance will improve.

Confronting Challenges to Substantive Remedy for Victims: Opportunities for OECD National Contact Points under a Due Diligence Regime Involving Civil Liability

Abstract This article examines the under-researched, inter-connected issues of substantive remedy and a role for Organization for Economic Cooperation and Development (OECD) National Contact Points (NCPs) to complement judicial remedy regimes involving civil liability for companies in home-state jurisdictions. Even where access to judicial procedural remedy exists, it need not ensure substantive remedy. Legal and economic resource-based power-disparities between parties can reduce victims’ opportunities to present and argue their case; and courts offer limited substantive remedy options compared with the types listed by the United Nations Guiding Principles on Business and Human Rights. The article argues that combining access to NCPs and judicial remedy offers important opportunities to address well-recognized challenges for victims’ access to substantive remedy, especially with strong NCPs. NCPs can operate in ways that courts normally cannot, to help give victims voice and a choice of substantive outcome. The European Union’s Corporate Sustainability Due Diligence Directive (CSDDD) proposal serves as a cue for the analysis. However, the issue is relevant for any OECD member or the OECD Guidelines adherent state.

Deteksi Manipulasi Laporan Keuangan Menggunakan Model Beneish M-Score pada BUMN yang Terdaftar di Pasar Modal

Inefficiency, mismanagement, political elements, conflicts of interest are some of the causes of problems in SOE. The purpose of this study is to provide empirical evidence of manipulation of the financial statements of SOEs. By using a sample of 16 state-owned companies with 10 years of observation, we find that there are 98 companies classified as manipulators and 62 non-manipulator companies out of 160 company year observations. We offer to use the Beneish M-Score model to detect manipulation of financial statements involving 8 financial variables namely, DSRI, GMI, AQI, SGI, DEPI, SGAI, LVGI and TATA. Our research findings are that GMI and TATA affect the manipulation of financial statements. Our findings show that SOEs improve permanent income by increasing sales and accounts receivable data so that margins are more acceptable by relevant users. Suboptimal margins are evidence that there are inefficiencies in SOEs. In addition to GMI, SOE management also utilises the flexibility of the company's accruals by improving the cash element, and the company's liabilities to assets so that it appears to have a good solvency value as a representation that SOEs have promising subsequent growth

Legal Liability of Futures Brokerage Companies for Risks in Standard Agreements that Result in Losses to Customers in Online Trading Investments

The implementation of trading activities is brokered by Futures Brokers, where Futures Brokers, in binding customers use standard agreements that have been prepared by Bappebti. Where the agreement contains an exoneration clause and this violates Law Number 8 Year 1999 concerning Consumer Protection, so that with these violations, it results in losses suffered by customers. The formulation of the problems raised in this study is 1). How do the clauses in the agreement provided by the Futures Brokerage Company which accommodate the risks in the standard online trading investment agreement provide a balance for the parties? 2) How is the Futures Brokerage Company's liability to customers for risks in the standard investment trading agreement agreed upon? This study uses normative legal research methods, namely research by collecting and analyzing secondary data using secondary data sources only, namely books related to the problem, related laws and regulations, related court decisions, legal theories and relevant scholars' doctrine experts, and case studies related to legal issues, the theory used to analyze the theory of Legal Liability Theory, Balance Theory, Legal Certainty Theory and Theory of the Hierarchy of Legislation. The conclusion of this research is that people should be careful in understanding agreements related to online trading investments.

Legal Protection of Policyholders for Claim Issues Insurance coverage based on positive Indonesian law

This paper reviews the legal protection for insurance policyholders according to Indonesian positive law. This is aimed at increasing our understanding of the concept of insurance and how legal protection is for policyholders for problems with claims for insurance coverage and how the liability of the insurance company as the insurer is towards the insured, namely the policyholder. Insurance policy holders are generally individuals, many of whom are people who are unfamiliar with the law and must be confronted with insurance companies, so based on this it is important for positive law to provide legal protection for insurance policy holders from violations of the law by insurance companies and of course all forms included law violations must be held accountable.

Level of Disclosure of Environmental Provisions and Contingent Liabilities

Disclosure allows accounting to achieve its main objective, that of providing useful and reliable information to its users. Thus, based on the Theory of Disclosure, this study aims to identify the level of disclosure of provisions and environmental contingent liabilities of companies with high potential for pollution. For this, descriptive research with a qualitative approach was carried out, applying the content analysis technique in the financial statements between the years 2010 and 2019. For data collection, a checklist prepared according to the established criteria was used. by the Accounting Pronouncements Committee No. 25 (CPC 25) for the recognition and disclosure of provisions and contingent liabilities of an environmental nature. The findings reveal a low disclosure of the established items, despite the growing number of affirmative observations in the last three years. As for the level of disclosure, the results showed that the most prominent segment was the extraction and treatment of minerals, with a percentage of 73% in the group of companies listed on the ISE. Regarding the analysis of the groups, the average of the companies listed and not listed on the Corporate Sustainability Index (ISE) was calculated, showing through the Student's T test the existence of a statistically significant difference between the averages, of 27.66 and 15 ,21, respectively, accepting and rejecting the research null hypothesis. However, the need for other analysis methods was identified to confirm whether the companies included in the ISE have a higher level of disclosure.

ANALYTICAL PROVISION OF COMPUTATIONAL OPERATIONS AND DIRECTIONS FOR THEIR IMPROVEMENT

The purpose of the article is the method of analysis of settlements with debtors and creditors and determination of directions for their improvement. Methodology. In the process of solving the tasks of scientific research, general and special methods of research were applied: descriptive-analytical method, systematic approach, method of analysis and synthesis, method of systematization, method of comparison, method of scientific generalization. Results. It has been proved that the anti-crisis management system should provide a proper approach to the enterprise's debts, for their effective management, ensure the optimal ratio of receivables and payables, prevent their overdue occurrence, systematically monitor payments. The current state of enterprise settlements is characterized by an unsatisfactory level of payment discipline of subjects of economic activity and requires strengthening of their control both by state authorities in the sphere of economic policy implementation and by enterprises themselves. It was determined that the main source of information is regulatory acts, accounting data and the main stages of analysis of accounting transactions. The analysis of the company's receivables allows to estimate the possible amount of income that can be received in the form of fines, penalties and fines from the debtors who are in arrears. Characteristics of qualitative changes of liabilities in the structure of the company's liabilities can be obtained using horizontal and vertical analysis of the balance sheet. Horizontal analysis allows to compare indicators of liabilities for different periods. The necessity of analyzing the dynamics of the accounting operations of a business entity is covered. The existence of overdue receivables, especially bad debts, which are classified as doubtful debts, as well as an unjustified increase in receivables in general, adversely affects the financial position of the Company and leads to a shortage of financial resources. Bad debts are eliminated by writing them off against the company's losses as receivables for which the statute of limitations has expired. Special attention should be paid to the date of incurrence of the payable debt, the term of its repayment, the time of delay in the return of the debt, the reasons for its incurrence. Practical implications. It is possible to accelerate the repayment of receivables by getting acquainted with the financial condition of buyers and gaining confidence in their further solvency, timely execution of settlement documents, granting discounts to buyers for shortening the terms of payment of invoices, introducing penalties for late payments, releasing goods to buyers on prepayment terms, etc. In order to effectively manage the liabilities of Trans-Market, LLC, it is necessary to monitor the ratio of receivables and payables, to monitor the status of payments for overdue receivables, to timely identify unacceptable types of liabilities, which primarily include overdue debts to suppliers, payments to the budget, etc. Value/originality. A comprehensive analysis of receivables and payables in the enterprise management system is optimal. It makes it possible to assess the real state of the company's receivables and payables, to identify "bottlenecks" in the management of this type of debt, and to develop measures aimed at reducing or recovering overdue or doubtful receivables.