Legal Entity Research Articles

Separate legal personality – an explanation and a defence

ABSTRACT The article proposes a modern version of real entity theory to explain the principle of the separate legal personality of the company. This theoretical model relies on scholarship from the wider social sciences that demonstrates that organisations bring about behaviours that would not exist but for the organisational context. Organisations are real in their consequences. The principle of separate legal personality condones, supports, and protects the ability of organisations to act autonomously. The article further suggests that we do not need a principle of corporate ‘disregard’ but should continue on the path of developing context-specific rules addressing questions arising out of corporate abuses.

Adapting And Resilient: How Indonesian Consumers Navigate E-Commerce Restrictions In The Post-Pandemic Retail Industry

This research aims to examine changes in consumer attitudes and purchasing power in the Indonesian market after the pandemic, with a focus on the impact of restrictions on online sales via social media. The COVID-19 pandemic has significantly changed consumer behavior, triggering a shift from conventional transactions to online platforms. However, online sales restrictions implemented by the Indonesian government raise questions about how consumers will respond and adapt to these changes. This research uses qualitative research methods, namely by describing systematically by conducting literature reviews about post-pandemic consumer behavior, and the impact of social media on purchasing decisions, surveys or questionnaires, and in-depth interviews with consumers to understand attitudes, and their experiences regarding online shopping on social media during the post-pandemic period. The research results reveal that restrictions on online sales via social media influence consumers' attitudes towards online shopping, forcing them to look for other alternatives or change purchasing preferences. Apart from that, these restrictions also have an impact on consumer purchasing power and consumption patterns. This analysis describes post-pandemic market dynamics in Indonesia, where e-commerce companies and business people have to adapt to changes in consumer behavior. Policy implications for the government and marketing strategies for business people are also discussed in the research providing an in-depth look at how to optimize market potential in Indonesia. amid restrictions on online sales. This research aids in comprehending the ongoing alterations in the Indonesian consumer market post-pandemic, thereby guiding government, companies, and other business entities in decision-making processes.

The Essence and Legal Nature of Political Rights and Freedoms in the System of Other Human Rights

Examines the essence and problems of determining the legal nature of political rights and freedoms in the system of other human and civil rights from the point of view of the theory of natural and positive human rights; The doctrines of scientists regarding the classification of political rights, their criteria, correlation with personal, socio-economic rights are revealed within the framework of constitutional legal personality. The author concludes that, unlike other fundamental rights, political rights and freedoms, while not being absolute rights, are mainly associated with the institution of citizenship; implemented in an individual and collective format, and the essence of these rights depends on the level of development of the democratic mechanisms of the state, in creating the necessary conditions for the active participation of citizens in the management of affairs of state and public importance.

The Dilemmatic of the Absence of a Notary’s Deed in an Individual Company after the Enactment of the Job Creation Law as a Form of Legal Certainty

The existence of an Individual Company, which aims to ease abbreviate by reducing or simplifying the rules, raises a dilemma in its regulation which shifts the meaning of a company as a legal entity. The method used is normative legal research, with the legal approach used is conceptual and statutory approach. The existence of an Individual Company as a legal entity that can be recognized as a legal subject is only passed with a Statement of Establishment of an Individual Company and registered to the Ministry of Law and Human Rights based on the Job Creation Law. The convenience found was only based on an economic point of view. Practically speaking, there are more hazards in the society. As an example, the Individual Company credit facility, which is hesitant to be granted by the bank as the creditor because it is still categorized as individual credit. Although it has the status of a legal entity, its establishment by one person and without a Notary may not ensure certainty for all parties in the Individual Company.

Polyarchy and societas: an extended continuum of discrete structural alternatives

Abstract Horizontal, multilateral and polycentric forms of governance, albeit important in reality, represent a challenge for the now dominant use of the ‘market and hierarchy’ continuum of structural alternatives. This paper proposes a broader characterisation of both poles of the continuum of governance forms that would enhance the understanding of both intra- and inter-organisational governance. One side of the continuum would encompass examples of ‘societas’, for example, legal entities (among which firms) unifying property rights and deliberately coordinating actions through a wide set of voice-based mechanisms, including non-hierarchical ones. The other side of the continuum would encompass ‘polyarchies’, that is, forms of decentralised coordination among nodes deciding autonomously, but not necessarily linked by transactions of goods and services coordinated by prices, such as market exchanges. This paper uses several cases from the agri-food sector to show that many ‘strange’ unclassified forms can be described, explained and assessed as hybrids between polyarchy and societas. The final section of the paper proposes some refinements in the independent variables to be used in the comparative assessment of organisation forms and new propositions that can be derived for future research.

Piercing the corporate veil in Mauritius: a comparative study with the United Kingdom

Purpose The purpose of this paper is to bring clarity to the concept of piercing the veil of incorporation in Mauritius. This will allow students, researchers, academics and practitioners to engage further in research on the topic of incorporation of companies. Design/methodology/approach To conduct the study, the doctrinal legal research approach will be used. The inquiry will examine the numerous laws and case laws that permit the lifting of the corporate veil, so exposing the agents of the corporation to accountability on both a criminal and civil level. A comparison of Mauritius and the UK legal systems will be conducted to assess the efficacy of the former. Findings There are significant loopholes in the legislative framework of Mauritius regarding various corporate offences that are highly encouraged because of the limited circumstances under which courts may lift the corporate veil. There is a need for specific legislation to be enacted by Parliament to address these specific offences. Inspiration should be drawn from the UK’s robust legislative framework on the matter. Originality/value Literature on the subject in Mauritius deals mostly with factual information on the doctrine of separate legal personality and the various exceptions under which the veil of incorporation may be lifted. However, there is a scarcity of research on the various fraudulent activities and their implications on the company that go unnoticed and unpunished because of loopholes in the legal framework. This paper attempts to fill this important gap.

Piercing the corporate veil in Mauritius: a comparative study with the United Kingdom

Purpose The purpose of this paper is to bring clarity to the concept of piercing the veil of incorporation in Mauritius. This will allow students, researchers, academics and practitioners to engage further in research on the topic of incorporation of companies. Design/methodology/approach To conduct the study, the doctrinal legal research approach will be used. The inquiry will examine the numerous laws and case laws that permit the lifting of the corporate veil, so exposing the agents of the corporation to accountability on both a criminal and civil level. A comparison of Mauritius and the UK legal systems will be conducted to assess the efficacy of the former. Findings There are significant loopholes in the legislative framework of Mauritius regarding various corporate offences that are highly encouraged because of the limited circumstances under which courts may lift the corporate veil. There is a need for specific legislation to be enacted by Parliament to address these specific offences. Inspiration should be drawn from the UK’s robust legislative framework on the matter. Originality/value Literature on the subject in Mauritius deals mostly with factual information on the doctrine of separate legal personality and the various exceptions under which the veil of incorporation may be lifted. However, there is a scarcity of research on the various fraudulent activities and their implications on the company that go unnoticed and unpunished because of loopholes in the legal framework. This paper attempts to fill this important gap.

Cybercrime and its Implications on the Economy of Nigeria

One of the tenets of globalization is the advancement of Information and Communication Technology (ICT) mainly achieved through computer interconnectivity enabled by the internet in a presumed market place known as cyber space where both buyers, sellers and users in the form of individuals, corporate bodies and government meet. These interconnectivity brought about economic opportunities and inclusion. One of the areas so developed is the e-commerce sector where communication and interactions in the form of transaction is hinged on instant exchange of information, goods and services but, as friendly as these interactions are, they are not without their consequences- Cybercrime is one which often comes with huge financial loss and economic impact. Nigeria in its quest to liberalize trade and digitalize its transactions adopted the use of emerging technologies and services to drive the change but the tools and methods used to enhance the transactions are oftentimes misused by cybercriminals to their benefit thereby causing huge financial losses for the victims and invariably impact negatively on the economy. This research reviewed some existing literature on the subject of cybercrime, and its manifestations within the financial sector while relying on the Social Learning Theory as the reason for the prevalence of cybercrime among youths. Data was drawn and questionnaires administered. Analysis was done using CHI square in the Statistical Package for Social Sciences (SPSS). The study, therefore, concluded that there is a significant relationship between Cybercrime and the Nigerian economy and that Cybercrime had impacted negatively on the growth and development of the digital economy, in particular, and the Nigerian economy at large. Finally, the study offers solutions on how the Internet can engage the various Internet-based platforms, particularly calling on institutions responsible for combating this crime to put every effort required to end this menace.

Reflecting Pancasila in Environmental Crimes Enforcement: Diffusing Values to Indonesia’s Laws

Pancasila and the 1945 Constitution play crucial roles in shaping Indonesia's governance, societal values, and legal framework, particularly in safeguarding the right to a clean and healthy environment. However, environmental destruction persists due to inadequate corporate accountability enforcement and systemic flaws. Hence, the article examines Indonesia's regulatory approach to holding corporations accountable for environmental crimes through the lens of Pancasila. It explores how Pancasila's principles influence environmental regulations, emphasizing nature harmony, fair treatment, and social justice. Effective enforcement aligned with these principles can promote sustainable development and environmental protection. Challenges like regulatory gaps and corruption need addressing. Building an optimal framework entails integrating Pancasila values into preventive and punitive measures, ensuring transparency, community participation, and fair enforcement. Success hinges on robust legal structures and public involvement, with initiatives like corporate collaboration, transparency, and strict liability enforcement. Implementation requires the establishment of mechanisms such as an Environmental Court and community oversight for victim recovery. This article uses a normative approach elaborated through a conceptual and statute approach.

Reflecting Pancasila in Environmental Crimes Enforcement: Diffusing Values to Indonesia’s Laws

Pancasila and the 1945 Constitution play crucial roles in shaping Indonesia's governance, societal values, and legal framework, particularly in safeguarding the right to a clean and healthy environment. However, environmental destruction persists due to inadequate corporate accountability enforcement and systemic flaws. Hence, the article examines Indonesia's regulatory approach to holding corporations accountable for environmental crimes through the lens of Pancasila. It explores how Pancasila's principles influence environmental regulations, emphasizing nature harmony, fair treatment, and social justice. Effective enforcement aligned with these principles can promote sustainable development and environmental protection. Challenges like regulatory gaps and corruption need addressing. Building an optimal framework entails integrating Pancasila values into preventive and punitive measures, ensuring transparency, community participation, and fair enforcement. Success hinges on robust legal structures and public involvement, with initiatives like corporate collaboration, transparency, and strict liability enforcement. Implementation requires the establishment of mechanisms such as an Environmental Court and community oversight for victim recovery. This article uses a normative approach elaborated through a conceptual and statute approach.

ОТ ПОЛИГОНА К КАРБОНОВОЙ ФЕРМЕ: БИЗНЕС-МОДЕЛЬ

In the context of the climate agenda, a systematic presentation of the scientific, methodological and educational tasks of the carbon landfill is given, the «carbon theme» is designated and the subprocesses (main, accompanying, providing and managerial) of the carbon sequestration process implemented on carbon farm plantations as a potential business-process are highlighted. Based on a comparison of well-known approaches to business modeling of entrepreneurial activity, a research hypothesis was formulated and the interpretation, composition of elements of the carbon farm business model, its value proposition were clarified, and the uniqueness of the final product (services for the absorption and sequestration of carbon by «air-plant-soil» ecosystems) was noted. The distinctive characteristics of the dynamic, complex, sensitive and multifactorial natural process of decarbonization as the basis of the operating cycle are substantiated. It is shown that biological features of the business process generate various risks, this does not guarantee sustainable profit generation. A three-link value chain and a business-model mind-map are proposed, which can serve as a working tool for planning, monitoring, diagnostics and critical analysis of the commercialization of an ecosystem service in the context of the emerging sequestration (decarbonization) industry. The scientific novelty of the work consists in adapting the management template «business-model» proven by the practice of industrial enterprises in relation to the new ecosystem service «decarbonization», which is a natural result of the transformation of carbon polygons into carbon farms as business entities.

ОТ ПОЛИГОНА К КАРБОНОВОЙ ФЕРМЕ: БИЗНЕС-МОДЕЛЬ

In the context of the climate agenda, a systematic presentation of the scientific, methodological and educational tasks of the carbon landfill is given, the «carbon theme» is designated and the subprocesses (main, accompanying, providing and managerial) of the carbon sequestration process implemented on carbon farm plantations as a potential business-process are highlighted. Based on a comparison of well-known approaches to business modeling of entrepreneurial activity, a research hypothesis was formulated and the interpretation, composition of elements of the carbon farm business model, its value proposition were clarified, and the uniqueness of the final product (services for the absorption and sequestration of carbon by «air-plant-soil» ecosystems) was noted. The distinctive characteristics of the dynamic, complex, sensitive and multifactorial natural process of decarbonization as the basis of the operating cycle are substantiated. It is shown that biological features of the business process generate various risks, this does not guarantee sustainable profit generation. A three-link value chain and a business-model mind-map are proposed, which can serve as a working tool for planning, monitoring, diagnostics and critical analysis of the commercialization of an ecosystem service in the context of the emerging sequestration (decarbonization) industry. The scientific novelty of the work consists in adapting the management template «business-model» proven by the practice of industrial enterprises in relation to the new ecosystem service «decarbonization», which is a natural result of the transformation of carbon polygons into carbon farms as business entities.

Model of a system for the formation of sustainable producers of vegetable and fruit products with trade

Scientific principles and tools for managing agricultural production (taking into account its specifics) are analyzed. A conceptual model is proposed for the formation of sustainable relationships between producers of vegetable and fruit products and the trade sector. It can be used as a methodological basis for the development by business entities of local regulations and a system of contractual relations, which will help increase the value of the organization’s intangible asset (goodwill).

Socio-economic characteristics of small enterprises in the aspect of risky circumstances

The article considers the characteristics of small business entities in the context of risky circumstances. The socio-economic characteristics of small enterprises are analyzed taking into account the new crisis phenomena and their influence on the construction of management strategies. In the process of research the interrelation between these characteristics and risk factors is established, the necessity of actualization of existing approaches and methods of management of small enterprises is proved. Methods of search, analysis and generalization of information were used. The sociological interpretation of the concept of “risk” in historical retrospect and taking into account modern approaches is given, as well as the main provisions of risk concepts are given. Among the key ones are socio-economic characteristics of small enterprises interrelated with risky circumstances. Limited capital investments, small number of employees, the need to fulfill social obligations, relatively low level of income, simpler organizational structure, uniqueness of goods and services produced, localization of markets, significant social burden are highlighted. It is concluded that modern transformations in various spheres of society increase the probability of crisis processes. At the same time, the level of risk is interrelated with the socio-economic characteristics of small enterprises, which are more exposed to risk consequences. Small business shows significant adaptive capabilities and readiness to quickly change management tactics in terms of predicting and regulating risks.

METHODOLOGY OF USING VIRTUAL ASSETS AS MEANS OF PAYMENT AT THE FIAT LEVEL: PROBLEMATIC ISSUES IN UKRAINE

The FinTech sector, as one of the dynamic parts of Ukraine's economic frontier, has not only withstood the challenges of one of the most difficult times of independence, but has also continued to develop despite all the difficulties of the difficult time, and often despite it. The purpose of the article is to study the legal framework and methodology for the use of virtual assets as a means of payment in Ukraine before and after the entry into force of the cryptocurrency- specific Law No. 2074. Methodology. Both general scientific and special legal research methods were used to achieve the purpose of the study. The scientific novelty is an attempt to provide a legal assessment of the existing methodology for conducting increasingly popular transactions with virtual assets through the acquiring mechanism, against the background of an almost non-existent legal framework for their regulation. Conclusions. In fact, there is a paradigm in Ukraine regarding the recognition of virtual assets as means of payment. On the one hand, formally, at the legislative level, there are no plans to recognize virtual assets as a means of payment after the entry into force of Law 2074. On the other hand, from a practical point of view, before the entry into force of Law 2074, virtual assets are increasingly accepted as a means of payment in Ukraine. Prior to the entry into force of Law 2074, banks and cryptocurrency exchanges must act as tax agents in acquiring transactions for the purpose of payment for services and goods. Amendments to the Tax Code of Ukraine for the entry into force of Law 2074 do not provide for withholding tax when paying income to an individual from transactions with virtual assets. This will not contribute to the timely and full payment of taxes to the budget. The widespread use of cryptocurrencies directly in payments for goods and services in Ukraine, without official acquiring operations, before the entry into force of Law 2074 may have certain negative tax consequences for business entities.

METHODOLOGY OF USING VIRTUAL ASSETS AS MEANS OF PAYMENT AT THE FIAT LEVEL: PROBLEMATIC ISSUES IN UKRAINE

The FinTech sector, as one of the dynamic parts of Ukraine's economic frontier, has not only withstood the challenges of one of the most difficult times of independence, but has also continued to develop despite all the difficulties of the difficult time, and often despite it. The purpose of the article is to study the legal framework and methodology for the use of virtual assets as a means of payment in Ukraine before and after the entry into force of the cryptocurrency- specific Law No. 2074. Methodology. Both general scientific and special legal research methods were used to achieve the purpose of the study. The scientific novelty is an attempt to provide a legal assessment of the existing methodology for conducting increasingly popular transactions with virtual assets through the acquiring mechanism, against the background of an almost non-existent legal framework for their regulation. Conclusions. In fact, there is a paradigm in Ukraine regarding the recognition of virtual assets as means of payment. On the one hand, formally, at the legislative level, there are no plans to recognize virtual assets as a means of payment after the entry into force of Law 2074. On the other hand, from a practical point of view, before the entry into force of Law 2074, virtual assets are increasingly accepted as a means of payment in Ukraine. Prior to the entry into force of Law 2074, banks and cryptocurrency exchanges must act as tax agents in acquiring transactions for the purpose of payment for services and goods. Amendments to the Tax Code of Ukraine for the entry into force of Law 2074 do not provide for withholding tax when paying income to an individual from transactions with virtual assets. This will not contribute to the timely and full payment of taxes to the budget. The widespread use of cryptocurrencies directly in payments for goods and services in Ukraine, without official acquiring operations, before the entry into force of Law 2074 may have certain negative tax consequences for business entities.

DIRECTIONS AND PROCEDURE FOR COORDINATION OF MATERIAL AND PROCEDURAL NORMS OF FINANCIAL LAW IN REGULATING THE BEHAVIOR OF SUBJECTS OF TAX RELATIONS

The article is devoted to the analysis and coordination of material and procedural norms of financial law in the context of regulating the behaviour of subjects of tax relations. The author examines the main directions and order of interaction of legislative acts, doctrinal positions aimed at regulating the financial aspects of taxation, with the aim of harmonizing these norms for effective control and ensuring compliance with their requirements. The article highlights the important aspects of the influence of material norms on the tax practice of subjects, defines the key aspects of legal personality in the taxation system and argues for the need to harmonize the material and procedural aspects of financial law. The article examines in detail the tools and mechanisms of coordination of material and procedural aspects of financial law to ensure the effective functioning of the taxation system and reduce the risks of violations. The author analyses the relationship between legal standards and real practice in the field of tax relations, taking into account economic and social factors affecting the behaviour of tax subjects.

Legal Structure of Complex Employment Modes for Takeaway Platforms in the Context of Low Carbon Economy

Legal Structure of Complex Employment Modes for Takeaway Platforms in the Context of Low Carbon Economy

Strategi Pemasaran Dana Simpanan Pada Produk Sihari Dalam Upaya Meningkatkan Jumlah Anggota Koperasi di KSPPS BMT Berkah Kabupaten Ciamis

Cooperatives adhere to the concept of mutual cooperation. It can be said that cooperatives have an important role in improving the welfare of their members, especially society as a whole. There are those who argue that cooperatives play an important role in improving the welfare of their members, especially the wider community. Another type of company that has family values is a cooperative, this is what differentiates cooperatives from other business entities. SIHARI products have experienced fluctuations in the number of members over a period of time. With the increase and decrease in the number of members, of course there is a marketing strategy implemented by KSPPS BMT Berkah Ciamis to attract members. The following is a table showing the number of members. The aim of conducting this research is that researchers are interested in knowing the marketing strategy for savings funds in SIHARI products in an effort to increase the number of cooperative members at KSPPS BMT Berkah Ciamis. This research uses qualitative methods obtained from observations, guidelines, interviews, questionnaires, and other commonly used instruments that can also be used, but only as research support for researchers who act as the main instrument. The results stated that in the research BMT made visits to prospective members' homes. Apart from that, there are no aspects of fraud and coercion in the promotions carried out. Every year, the number of SIHARI product members increases due to the implementation of this marketing strategy. However, because we have not found a way to mitigate these risks, the number of members has declined over the years

Legal Entity Status of Individual Companies Which no Longer Meet the Criteria for Micro and Small Enterprises

Legal Entity Status of Individual Companies Which no Longer Meet the Criteria for Micro and Small Enterprises