Corporate Agreements Research Articles

Corporate marketing in modern hospitals and satisfaction level of corporate clients in Bangladesh

The study's abstract emphasizes the Marketing Department's dual responsibility in creating external awareness and disseminating internal information in modern hospitals. To improve service quality and management decision-making, the department keeps an eye on patient happiness and oversees communication, advertising, corporate agreements and feedback methods. Key research findings show that while corporate patients generally value the department's cutting-edge technology and the expertise of its staff, they do have reservations about the department's responsiveness and punctuality, particularly with regard to inpatient care. Patients in the Outpatient Department (OPD) expressed greater levels of satisfaction than those in the Inpatient Department (IPD), where patients expressed greater dissatisfaction with personalized care and error correction. To increase general patient happiness, recommendations include enhancing service speed, providing personnel training, and attending to particular patient requirements.

The role of corporate agreements in the process of mergers and acquisitions of corporations

The role of corporate agreements in the process of mergers and acquisitions of corporations

Decentralized Operations of Industrial Complex Microgrids Considering Corporate Power Purchase Agreements for Renewable Energy 100% Initiatives in South Korea

With the rise of environmental policies and advanced technologies, power systems are transitioning from centralized to decentralized systems, incorporating more distributed energy resources (DERs). This shift has increased interest in the operational functions of microgrids (MGs). The “Renewable Energy 100%” (RE100) campaign is pushing companies to adopt renewable energy. In South Korea, industrial complex microgrids (ICMGs) aim to achieve RE100 through corporate power purchase agreements (PPAs) with renewable energy providers. ICMGs need to operate in both grid-connected and islanded modes, facing challenges in power transactions due to different operating agents. This study proposes a decentralized optimal power flow (OPF) method using the separable augmented Lagrangian relaxation (SALR) algorithm to solve these power transaction problems without disclosing internal information. The proposed method decomposes the centralized OPF problem into subproblems for each ICMG and solves them in a distributed manner, sharing only transaction prices and amounts. Numerical results from the case study validate the effectiveness of the proposed method.

Применение корпоративного договора в наследственных правоотношениях: проблемы теории и практики

The application of corporate agreements in hereditary matters poses significant challenges both in theory and practice. This article delves into the legal significance of the corporate agreement in the field of hereditary legal relations, examining its legal essence and peculiarities of content. The author explores the use of the corporate agreement as a tool for of hereditary planning, highlighting possible ways of its effective application as an auxiliary mechanism for regulating relations among members of an economic society and minimizing hereditary-corporate conflicts. The permissibility of the succession of a party’s position in the corporate agreement in the hereditary process is subjected to scholarly scrutiny, leading to the conclusion of the impossibility of transferring obligations under the corporate agreement to the heir due to the personalized nature of obligations arising from said contractual structure. The absence of direct legal regulation and judicial practice regarding the hereditary succession of a party to the corporate agreement is noted in the article. Further research and legal clarification are needed to address the challenges posed by the hereditary succession of parties to corporate agreements.

Challenging issues in resolving corporate conflict within the framework of a corporate agreement

The scientific article will discuss possible mechanisms for parties to regulate their mutual relations through a corporate agreement. In the modern world, the regulation of relations between business partners is a very important aspect that affects the business climate in a country as a whole. If partners can regulate their mutual relations in the company in a way that is understandable to them, it affects where exactly such a company will be created, who will work in it, and where it will pay taxes. There are different approaches to this issue in the world, but it is possible to distinguish two main ones, namely the approaches used in the Anglo-American legal system and the continental legal system. The scientific article will pay special attention to resolving corporate conflict between business partners who have equal shares (50/50). It should be noted that it is very important for each country to develop an appropriate mechanism for resolving corporate disputes that arise between the parties of a corporate (shareholder) agreement, which will meet the requirements of the business environment and will be clearly regulated by current legislation and approved in court. In the scientific article, the nature of the corporate agreement will be disclosed, practical recommendations on preparing a corporate agreement will be provided, and problematic issues that parties to a corporate agreement encounter when resolving disputed issues and corporate conflicts, especially when a deadlock situation arises, will be highlighted. An analysis of the mechanisms used in corporate agreements to resolve disputes between business partners will be provided. Also, the strengths and weaknesses of each of them will be disclosed, including the experience of countries with Anglo-American law and how such experience can be applied in Ukraine. Special attention was given to mechanisms when the right or obligation to buy or sell a share in the company’s capital arises. Additionally, based on the analysis, effective mechanisms for resolving corporate disputes between the parties of a corporate agreement will be proposed in the scientific article, as well as relevant suggestions for improving the legislation of Ukraine and judicial practice on this issue.

Корпоративный договор как способ осуществления прав участников корпоративных отношений

The article reviews the main existing scientific approaches to the determination of the legal nature of a corporate agreement, its meaning for the settlement of relations between parties to corporate relations and third parties. The author concludes that the nature of a corporate agreement forces to treat it as a business agreement that gives rise to binding relations, however, the relations generated by such agreement cannot be referred to corporate ones. The paper reviews special aspects of the practice of review of disputes over corporate agreements in Russian commercial courts.

Trade and Corporate Agreements: Problems of Correlation and Business Application Trends

The paper examines specific features of contractual mechanisms considering trade and corporate agreements. The author compares trade and corporate agreements and reveals the nature of a corporate agreement; determines the conditions of its conclusion and validity; outlines some problems associated with its conclusion and implementation. It is concluded that a corporate agreement has significant specific feature distinguishing it from trade agreements. The current trend in business practice towards strengthening the role of a corporate agreement as a regulator is analyzed. Emphasis is placed on a number of issues that require attention when developing this position: requirements for the form, subject and conditions of a corporate agreement, the relationship between corporate and quasi-corporate agreements, disclosure of information about a corporate agreement, ensuring proper execution of the agreement, application of rules on business agreements. Within the framework of the position classifying a corporate agreement as an entrepreneurial agreement, the author express a point of view that a corporate agreement is a business contract regardless of its parties.

Corporate power purchase agreements and the value of decarbonization

PurposeThe purpose of this paper is to examine if the announcement of corporate power purchase agreements (PPAs) induce significant effects on the electricity buyers' stock returns.Design/methodology/approachThis is an event study based on the Fama French Five Factor Model which uses several significance tests and robust regression approaches.FindingsThe announced closing of corporate PPAs induces significant positive abnormal stock returns. This announcement effect is even more pronounced in case of virtual PPAs.Originality/valueTo the best of the author‘s knowledge, this study is the first which explictly investigates the announcement effects of corporate PPAs, which are closed between the owner of the renewable energy asset and the institutional end consumer. In addition, this study extends the event study approach by robust regression methods.

Breaches of Agreements to Negotiate: A Comparative Analysis of Damages

Assessing economic loss and compensatory damages for contract breaches traditionally navigates between two practical difficulties: judicial uncertainty and technical complexity. Judicial tension is exceptionally high when objective data is missing, and when information exists, current financial and statistical methodologies are too complex or costly. To reduce inefficient bargaining, unnecessary litigations, and uncertain judicial decisions, there is a need for alternative methods that are both factual and simpler than current quantitative methods. This paper takes from the personal injury doctrine to posit that viable assessment methods include the development of damages schedules for certain economic losses. It uses breaches of corporate agreements to negotiate or to agree in the US and France to illustrate so. After reviewing data sampled from several hundred contract cases, this paper highlights a convergence of seemingly opposed case laws over the last 25 years as a starting point for a standardized damages methodology. The empirical analysis shows strong correlations between plaintiff outcomes and claims quantum, evidentiary levels of sophistication, business risk, and law firm size. Based on these results, this article formulates practical suggestions for parties seeking to improve their chances of success. It delineates the groundwork for additional empirical analysis needed to achieve statistical representation. Using damages schedules combined with artificial intelligence would give rise to predictive decision support systems that assess the probability of obtaining damages and the quantum of those damages. This would trigger a virtuous cycle: assisting judges in their discretionary decisions, and improving the accuracy of predictive models, thus, giving more incentives for all stakeholders to use them. Hence, their use would streamline litigation and eventually generate value for society beyond what can be imagined today.

COMPARISON OF THE LEGAL FRAMEWORK FOR THE REGULATION AND MANAGEMENT OF JOINT-STOCK COMPANIES IN THE USA AND RUSSIA

The article considers the core aspects, advantages and disadvantages of the legal regulation and corporate management of joint-stock companies in the United States of America and in the Russian Federation. A comparative analysis of the main legislative acts, on the basis of which the foundation and intrafirm management of joint-stock companies in Russia and corporations in the USA is carried out. Attention is paid to the following issues: principles of legislative regulation, establishment and organization of intrafirm management, formation of capital, types of shares, management control system, the right of limited liability, subsidiary liability of managers and owners, corporate agreements. The main conclusion made by the author is that in Russia the regulatory and legal framework for regulating the creation and management of joint-stock companies is purely declarative in nature and does not serve as the basis for the development of entrepreneurial activities of private investors.

CORPORATE RELATIONS AND SOME COMMENTS ON CORPORATE AGREEMENT

In this article, the author analyzes the concept of corporate relations and a corporate agreement from a scientific theoretical and practical point of view. He also analyzed the development of corporate relations in the Republic of Uzbekistan, taking into account the opinions of civil society scientists, and proposed to include provisions on corporate agreements in the current legislation.

ОТРАСЛЕВЫЕ ФОРМЫ РЕГУЛИРОВАНИЯ СОЦИАЛЬНО-ТРУДОВЫХ ОТНОШЕНИЙ: РЕГИОНАЛЬНЫЙ АСПЕКТ

In this article, the author examines the system of regulation of social and labor relations at sectoral enterprises of the machine-building industry in the region. The study of the contribution of the industrial potential of the machine-building industry to the economy of the region and the country has been carried out. The goals and objectives of trade unions in the system of social partnership, legislative and legal acts regulating labor relations at the regional level are analyzed, the structure of the republican sectoral tripartite commission is shown and examples of the implementation of republican sectoral agreements and collective agreements of enterprises are presented. The author identified the possible risks of legal uncertainty in the regulation of social and labor relations at the regional sectoral level. New forms and mechanisms of interaction with Russian industrial corporations for solving social and economic issues of labor collectives have been formulated and proposed. The conclusion of corporate agreements is becoming one of the key benchmarks.

A Cross-Border Corporate Agreement: Features of a Foreign Element

The development of cross-border commercial relations results in increasing the number of legal entities with foreign participation. To ensure effective management of such companies, founders increasingly conclude cross-border corporate agreements. If disputes arise on the basis of this agreement, questions concerning their qualification may appear, in particular, regarding the determination of whether a particular corporate agreement is cross-border in nature. The range of applicable sources of law for resolving the dispute will depend on the determination. A unified approach to determining the characteristics that affect the recognition of a corporate agreement as cross-border have been developed neither at the legislative level nor in judicial practice or the doctrine. In this regard, the purpose of the paper is to analyze the impact of each foreign element (subject, object, legal fact) on the recognition of a corporate agreement as a cross-border agreement. The author analyzes the existing judicial practice and doctrine, simulates situations that may arise in connection with the conclusion and execution of a cross-border corporate agreement, on the basis of which the author comes to a reasonable conclusion that the only practically applicable criterion for identifying the cross-border nature of a corporate agreement is its subject, while neither the object of the relationship nor the fact of the conclusion and/or execution of a corporate agreement in a foreign jurisdiction affect the fact that a corporate agreement is recognized as cross-border.

Changes in the configurations of corporate governance and agency relationship: a longitudinal analysis in a privately held company

Abstract This article aims to identify the changes in corporate governance associated with the life cycle of companies. It is guided by the research problem of understanding what effects the maturity of the business has on its ownership structure, corporate relations, and other governance configurations. The study used longitudinal analysis of the changes that occurred in Transportadora Brasileira Gasoduto Bolivia-Brasil SA (TBG), a privately held company controlled by Petrobras Logística de Gás, with the participation of several state and private partners. The data were collected through document analysis and interviews with executives. The results identified the relationship between the stages of the business and the characteristics of the investors, ranging from an initial moment built around energy companies specialized in the business to the maturity phase when the investment became interesting to capitalist partners interested in financial results. In addition, planning before capital consolidation, the existence of a financing structure, clear criteria for selecting partners, and the presence of a second relevant shareholder, mitigates any problems of abuse of power or non-compliance with established rules, contributing to preserving the relationship between shareholders over time and the sustainability of corporate agreements. The study contributes to a new perspective on the analysis of corporate governance, considering necessary changes and adaptations over time and reflections on the corporate structures and priorities of the governance actors.

Моделирование инвестиционных альянсов: тренды, институты, роли

The article, based on the results of a study of current Russian economic, corporate management and judicial law enforcement practice, highlights various configurations of investment alliances regulated by the terms of corporate agreements that are in demand in large and moderately large businesses. The author draws the reader’s attention to the reference targets implemented in the operation of the corresponding models of such agreements of investors in the shares of joint-stock companies and shares in the authorized capital of limited liability companies, as well as on the management and legal tools for achieving these goals. The problem of modeling investment alliances in relation to the solution of long-, medium- and short-term goals and objectives of subjects of entrepreneurial practice requires the use of interdisciplinary analysis – research at the intersection of economics, management, management and law. The purpose of the article is to formulate the problem of modeling investment alliances, describe traditional models of investment alliances and reveal the institutions of modeling investment alliances that contribute to solving this problem. Among others, the authors analyze structures that effectively support the joint business practice of majority and minority shareholders, significant minority shareholders who consolidate corporate control with their help, activate the possibilities of corporate agreements concluded under Russian law for the implementation of mergers and acquisitions projects, as well as anti-raider protection of the target company. The author characterizes the traditional models of investment alliances: “Oath of Allegiance”, “Parity Formula”, “Presale Preparation”, “Speculative Agreement”, “Alliance of Minority Shareholders”, “Anti-Raider Coalition”. The author reveals the institutions of modeling an investment alliance: special rights of a participant, disproportionate powers, special rules of non-public companies, disproportionate contributions, and a corporate agreement. The author also emphasizes the diversity of the roles of participants in investment alliances, taken into account when solving the problem of modeling investment alliances.

Новые схемы инвестиционных альянсов

The article highlights the new configurations of investment alliances regulated by the terms of corporate agreements that are in demand in large and moderately large businesses. The author draws the reader’s attention to the reference targets implemented in the operation of the corresponding models of such agreements of investors in the shares of joint-stock companies and shares in the authorized capital of limited liability companies, as well as on the management and legal tools for achieving these goals. Among others, the authors analyze structures that effectively support the joint business practice of majority and minority shareholders, significant minority shareholders who consolidate corporate control with their help, activate the possibilities of corporate agreements concluded under Russian law for the implementation of mergers and acquisitions projects, as well as anti-raider protection target company. The author refers to the new trends in structuring and formatting agreements of participants in domestic business entities: the desire of participants in corporate alliances to consolidate in shareholder agreements specific technologies for implementing cooperation between signatories, corresponding to their actual organizational, financial and (or) management mission in the structure of an investment alliance at a certain stage of the company's development; application of the structure of a corporate agreement as a compromise scheme for getting out of a conflict situation; active participation of interested third parties in determining a special procedure for exercising the rights of participants; integration of the institution of corporate agreement into the sphere of distribution relations; combining the institution of a corporate agreement with other types of transactions, as well as with the construction of freedom of contractual relations.

Corporate non-prosecution agreements as transnational human problems: transnational law and the study of domestic criminal justice reforms in a globalised world

ABSTRACT Nowadays, cases involving questions of corporate (ir)responsibility are largely resolved through negotiated settlements. A controversial development in this context is the cross-border rise of procedures akin to US non- and deferred prosecution agreements which allow prosecutors to agree with corporations not to prosecute serious economic crimes. The article uses this example to discuss the relevance of transnational law as an analytical framework for studying domestic criminal justice reforms in a globalised world. It revisits one of the central, albeit less noticed, themes of Philip C Jessup’s seminal 1956 Storrs Lectures on Transnational Law – transnational human problems – and identifies its descriptive and evaluative-critical benefits. The article then investigates to what extent these benefits are reflected in today’s two main theories of transnational law in criminal justice, ultimately finding that Transnational Legal Ordering of Criminal Justice provides a more suitable analytical framework than Transnational Criminal Law in this context.

Corporate Agreement in the Organization’s Risk Management System

The article examines the objectively existing need in modern market conditions to introduce and apply innovative approaches in the internal corporate management of commercial enterprises, including when building an effective risk management system. A brief assessment of the most widespread approach in Russia to the formation of local risk management systems is given. The article, using scientific methods of theoretical research, methods of scientific analysis and interdisciplinary synthesis (economics of law), methods of induction and deduction, generalization of the results obtained using a hypothetical-deductive method, substantiates the need for an effective local risk management system for Russian commercial enterprises. Arguments are given in favor of the use of innovative tools in the formation and filling of risk management systems. The article deals with the problems associated with the introduction of a corporate agreement as an effective tool in the system of minimizing commercial risks arising in the course of the activities of Russian business structures. The article presents the most relevant scientific publications on the topic of research and makes a generalized conclusion about the current state of research in the relevant field. The issue of the place of corporate agreements in local risk management systems is considered. The definitions are given and the main characteristics of risk management and its system, corporate agreement are given. The range of issues regulated by the provisions of the corporate agreement is outlined. The conclusion summarizes the arguments supporting the introduction of innovative tools into existing risk management systems. Arguments are given in favor of using a corporate agreement as an effective and low-budget tool to ensure the growth of the effectiveness of risk management systems in Russian business structures. The conclusion is substantiated that the use of a corporate agreement as an instrument of the risk management system is potentially capable of positively affecting the level of economic efficiency and competitiveness of commercial enterprises. Examples of corporate risks that can be minimized by applying certain provisions of the corporate agreement are given.

Роль корпоративного договора в регулировании вопросов, связанных с распоряжением исключительными правами на результаты интеллектуальной деятельности

Relevance. In the corporate agreement that participants of a business company have the most accurate reflection of their agreed decisions on issues related to the order and conditions of disposal of the most valuable assets of the company, including exclusive rights to the results of intellectual activity, which belong to the company or will appear to it in the future taking into account the dynamics of civil legal relations, including those associated with the creation and use of such results. The purpose of the study is to develop theoretical provisions capable of improving the legal regulation of issues related to the conclusion and execution of corporate agreements by participants of business companies, strengthening the ability of participants to monitor compliance with the agreed parties to corporate relations order and conditions of decision-making on the management of the economic society, as well as the company's property and intangible assets, including exclusive rights to works and other results of intellectual activity, belonging to the economic society. Objectives: identify the problems associated with the features of legal regulation of corporate agreements in domestic law, including with regard to the right of control over the disposal of property and intangible assets owned by such companies; to determine the directions of further development of legal regulation of the issues under consideration. Methodology. The dialectical-materialistic method, systematic method, methods of analysis and synthesis, formal-legal method were used. The results of the research are theoretical and applied character and are aimed at improving the quality of legal regulation of civil relations. The conclusions made in the article are of a discussion nature, aimed at continuing research in the framework of the stated topic, the development of basic principles that allow a uniform way to solve problems associated with the conclusion and execution of corporate contracts, including issues related to the use 6of works and other objects of intellectual rights. The article is a continuation of scientific research of the author on the issues addressed in it.

Mapping geographic patterns in federal corporate agreements

Purpose The purpose of this study is to use crime mapping techniques to examine geographic patterns of signed deferred and non-prosecution agreements across federal districts. The purpose is also to examine the variation in the number of agreements by the district since 1992. Design/methodology/approach This study uses data from the Corporate Prosecution Registry to examine geographic patterns in federal corporate agreements since 1992 (n = 534). Choropleth mapping techniques were used to create national crime maps displaying the geographic locations of signed corporate agreements. Findings The results showed that, overall, prosecutors in the District of Columbia have signed the most federal corporate agreements although there is some variation over time. Research limitations/implications This study is unable to determine the causes of changes in the geographic placement or number of agreements signed. It is also unable to determine the precise geographic locations of crimes, but only the location of the District Court that elected to pursue a federal agreement with the organization. Practical implications The wide discretion prosecutors have in the agreement process has led to an overall lack of transparency concerning prosecutors’ decision-making when signing agreements with organizations. This study helps to make the number and geographic location of agreements more transparent. Originality/value This study uses crime mapping techniques to visually depict the locations of signed agreements allowing for visual comparisons and analyzes for an extended period of time.