Legal Entity Research Articles

Fragmentation of Application of the Personal Law of a Legal Entity in the light of the Amended Law on International Companies

Fragmentation of Application of the Personal Law of a Legal Entity in the light of the Amended Law on International Companies

Conceptualizing the MNEs Transfer Pricing Behavior: Indonesian Tax Authority Perspective

Indonesian tax authorities currently encounter a lack of cooperative compliance among companies engaged in transfer pricing practices with their affiliated entities across borders. Transfer pricing is commonly associated with tax purposes, such as tax planning or avoidance, which is considered standard practice for business entities. Hence, there is a significant necessity to assess and evaluate the prevalence of tax planning or avoidance through transfer pricing in multinational enterprises operating in Indonesia. To gauge the extent of transfer pricing used for tax avoidance purposes, this study examines the perspective of tax authorities on companies' transfer pricing optimization behavior. Employing a qualitative approach, the study aims to comprehend the utilization of transfer pricing and its implications. The findings provide insights into transfer pricing behavior within companies over time. According to tax authorities, companies are motivated by the benefits of transfer pricing, including revenue optimization, corporate profit allocation, and cost optimization. However, these practices are influenced by various factors that facilitate or constrain transfer pricing activities. Multinational enterprises demonstrate limited awareness of normative beliefs regarding international and domestic transfer pricing regulations. Notably, companies affiliated with large multinational enterprises, possessing a strong understanding of transfer pricing, exhibit a high potential for tax planning or avoidance through transfer pricing arrangements with related parties. These findings contribute to the existing body of research on transfer pricing practices from the perspective of tax authorities as part of the Indonesian government.

Improvement of financial management tools of agricultural enterprises

Financial management of agricultural enterprises, like any other direction of managerial activity, is a complex system consisting of many interdependent elements that collectively determine the financial stability of the subject. The authors defined the principles of financial management in the system of management activities: the principle of complexity after the adoption of management decisions, the principle of variability of approaches to the development of management decisions, the principle of dynamism of management decisions, the principle of compliance of management decisions with the strategic goals of the enterprise. It has been established that the main goal, the achievement of which is aimed at managerial decisions within the framework of financial management, is to guarantee the financial stability of agricultural enterprises based on the organization of the competent distribution of financial resources, their use and movement, and that at the current stage of the development of economic relations, an important factor in increasing the competitiveness of agricultural enterprises enterprises are using digital products that allow automating the management system of business entities. It was found that in order to increase the efficiency of the financial management system, agricultural enterprises need to improve financial resources management tools, one of which is the implementation of the Enterprise Resource Planning System (ERP-system), which automates management activities. The use of such software products will allow: at the enterprise level – to improve the general financial condition and timely neutralization of threats capable of weakening the financial stability of entities; at the level of the national economy – to guarantee the financial security of the state. Improving the financial management system of agricultural enterprises based on the implementation of the ERP software product will allow to increase the effectiveness of management decisions in the field of financial resource management and, accordingly, significantly strengthen their financial stability.

Falling Through the Protection Gaps: Inappropriate Protection of Climate Displaced Persons in the International Refugee Legal Structure

Falling Through the Protection Gaps: Inappropriate Protection of Climate Displaced Persons in the International Refugee Legal Structure

Digitalization and Branding of Agung Manunggal Village Owned Enterprises in the New Normal Era

This community service program aims to provide assistance in obtaining the legal entity status of BUMKal Agung Manunggal and provide assistance in the form of training and creation of the BUMKal Agung Manunggal Website. This program has five stages of implementation, Stage 1: Observation to identify problems and potentials that can be developed. Stage 2: Program conceptualization is the stage of developing the program to solve successful problems. Stage 3: Program Implementation, aims to carry out training and assistance related to the status of obtaining a legal entity as evidenced by the existence of a legal entity certificate and digital marketing training. Stage 4: Pre Test and Post Test. The results of this implementation show that after mentoring and managing the legal entity BUMKal Agung Manunggal has the status of a legal entity that has been issued by the Ministry of Law and Human Rights of the Republic of Indonesia through the Ministry of Villages of the Republic of Indonesia. Furthermore, the training program and the creation of the Agung Manunggal BUMKal website provide solutions to the limitations of BUMKal

The role of institutional diversity in sustainable water use: Performance comparison among water user organizations

AbstractThe aim of this study was to compare the performance of water user organizations (WUOs) in the agricultural sector in terms of their managerial efficiency. A survey was carried out across the study area to evaluate 67 WUOs, including irrigation cooperatives, municipalities, village legal entities (VLEs) and water user associations (WUAs). The findings were then used to create a management performance index. It has been determined that municipalities excel in terms of physical performance, irrigation cooperatives in enterprise and social performance and WUAs in institutional and investment performance. The general management performance index revealed that the most successful WUOs in the Konya closed basin were WUAs. Therefore, proposals have been put forward to begin institutionalization processes in other institutions to attain the successful institutionalization in WUAs. Additionally, the shift towards prepaid systems is recommended to mitigate collection problems, while water should be priced according to the full cost method. Finally, supporting the use of alternative energy sources for irrigation is crucial.

Trusted Data Access Control Based on Logistics Business Collaboration Semantics

In the context of the digital evolution of the logistics industry, the interconnection of logistics information systems and associated data have become an obstacle of business collaboration among various stakeholders. A critical challenge in this domain is ensuring controllable access to logistics business data, given the industry’s current state characterized by independence, autonomy, disconnection, and heterogeneity, alongside the non-negotiable requirement for data privacy. We propose a novel model of trusted data access control based on of logistics business collaboration semantics. This approach incorporates semantic inference technologies into attribute-based access control mechanisms, thereby enabling the streamlined formulation of access control policies and facilitating unified authorization and control. Moreover, the method addresses the issue of access control policy management and maintenance at the semantic level. The proposed solution can pave the way for enhanced business collaboration between business entities, and further enable the building of a data exchange service platform within the logistics industry.

THE CHALLENGES OF IMPLEMENTING ACCOUNTING INFORMATION SYSTEMS IN IFRS AND GAAP : GLOBAL STUDY

This paper provides a thorough analysis of the difficulties that arise when putting accounting information systems (AIS) into practice under the auspices of generally accepted accounting principles (GAAP) and international financial reporting standards (IFRS). The research delves into the worldwide terrain, covering a range of commercial settings and legal structures. Using both qualitative and quantitative research methods, the study looks into important variables that affect how well AIS is adopted and integrated in accordance with GAAP and IFRS requirements. KEYWORDS: Accounting Information Systems (AIS), International Financial Reporting Standards (IFRS), Generally Accepted Accounting Principles (GAAP), Global Study

Administrative and legal mechanism of public service provision in Ukraine

The article highlights the administrative and legal mechanism of providing public services in Ukraine. In particular, the study of theoretical and legal approaches to the concept of public services and their differentiation from other types of services provided by state authorities and local governments. It is noted that the definition of "public services” is significantly influenced by the scientific discipline in the context of which this phenomenon is studied. It was established that the concept of "public services” unites the broadest understanding of various services provided by the state or local authorities to citizens and legal entities. These can be health care services, education, transportation and social services, financial services and insurance, law enforcement services and administrative services, as well as other services aimed at meeting the needs of all members of society. At the same time, attention is drawn to the fact that the provision of public services must always be oriented to the category of "public interest”, which is a variable social value that, in certain political and legal conditions, reflects the interest of the entire or dominant part of society, as determined by legislation and implemented through the activities of public administration. A direct relationship has been established with other types of services that can be obtained in the field of public administration, in particular, state, municipal, administrative, and social services. The formation of the institute of public services in Ukraine and the peculiarities of its formation are disclosed. It is noted that today there is a considerable legislative basis for the provision of public services and a whole system of bodies that provide them. At the same time, it is stated that the scientific, legal, organizational and information support of the system of providing public services, the formation of mechanisms for scientific and informational monitoring of their provision, constantly needs improvement.

Financial assets in the system of financial legal relations

Financial assets in the system of financial legal relations

Acquisition of land ownership rights by foreign persons according to the laws of Ukraine and Canada

The article conducts a comparative legal study of the specifics of acquisition and exercise of land ownership by foreigners, stateless persons and foreign legal entities under the legislation of Ukraine and Canada, as a result of which the Canadian experience of legal regulation in the specified area, which is most acceptable for Ukraine, is substantiated. It has been established that in the science of land law of Ukraine, one of the most controversial issues is the possibility, scope, conditions and grounds of granting land ownership rights to foreigners, stateless persons, and foreign legal entities, especially considering the provisions of Art. 13 of the Constitution of Ukraine, which declares all land to be the property of the Ukrainian people. This issue has not been resolved definitively in the land legislation, as access of foreign persons to ownership of agricultural land can be granted only after a positive decision of the All-Ukrainian referendum. The conducted research showed that Canadian legislation provides for the possibility of establishing restrictions on the acquisition of land ownership by foreign entities both at the federal level (a two-year restriction on the purchase of residential real estate, including vacant land plots intended for residential development), and at the level of individual provinces and territories. At the level of the provinces and territories, there are different legal models for restricting the access of foreign persons to the right to ownership of land, primarily for agricultural purposes. There are no legal restrictions on the acquisition of the right to ownership of land by foreign persons in British Columbia, Ontario, Newfoundland and Labrador, New Brunswick and Nova Scotia. At the same time, in Alberta, Saskatchewan, Manitoba, and Quebec, the access of foreigners to land ownership is significantly limited, in particular, by establishing the maximum size of land plots that they can acquire on ownership. The article claims that the establishment of restrictions in Canadian legislation on the acquisition of ownership rights to land, primarily for agricultural purposes, is conditioned by the need to ensure priority access to the lands of Canadian citizens and Canadian corporations, which can be a reference point for the settlement of these issues in Ukrainian land law. Canadian legislation, both at the federal level and at the level of individual provinces and territories, provides effective mechanisms of legal responsibility in the event of violation of legal restrictions on foreign persons' access to land ownership, which should be provided for in Ukrainian legislation.

The use of special knowledge during the investigation of forgery of documents that are submitted for state registration of a legal entity and individual entrepreneurs

The use of special knowledge during the investigation of forgery of documents that are submitted for state registration of a legal entity and individual entrepreneurs

IMPACT OF GST ON INDIAN BUSINESSES

The Goods and Services Tax (GST) regime in India, implemented in July 2017, represents a transformative overhaul of the country's indirect tax system. This research paper extensively analyzes the multifaceted impact of GST on Indian businesses across various sectors. By harmonizing numerous central and state levies into a unified tax structure, GST aims to simplify compliance, boost economic growth, and cultivate a common national market. The study delves into the intricate aspects of GST, encompassing its objectives, statutory framework, and implementation challenges. It evaluates the profound implications for diverse business entities, ranging from large corporations to micro, small, and medium enterprises (MSMEs). Key areas of focus include supply chain optimization, pricing strategies, working capital management, and transitional complexities. Furthermore, the paper scrutinizes sector-specific ramifications, shedding light on industries experiencing seismic shifts due to GST, such as manufacturing, services, e-commerce, and real estate. It also examines the role of technology in facilitating GST compliance and the digital transformation catalyzed by this tax reform. Through empirical analysis and case studies, the research paper assesses the extent to which GST has achieved its intended objectives, identifying areas of success and ongoing challenges. It provides valuable insights for policymakers, industry stakeholders, and academics, contributing to the discourse on optimizing the GST framework for enhanced economic competitiveness and ease of doing business in India. Keywords: GST, Indian Businesses, Tax Reform, Supply Chain, Compliance, Digital Transformation, Sectoral Impact, Economic Growth, Policy Implications.

Charitable and Volunteer Activities as a Social Practice: Legal, Teleological and Axiological Aspects

Charitable and Volunteer Activities as a Social Practice: Legal, Teleological and Axiological Aspects

Legal amendments on the reorganization of business entities

Legal amendments on the reorganization of business entities

Problems of legal regulation of thin capitalization in Ukraine

The proliferation of multinational companies is lengthening global value chains, and the development of the digital economy is giving them even more opportunities to shift profits. Intra-group loans are often used to shift profits to a jurisdiction with low tax rates to minimize overall tax liability. In order to combat the illegal transfer of profits, most countries introduce thin capitalization rules. Ukraine joined the BEPS plan, action 4 of which summarized the best practices for regulating debt obligations to non-residents. Most countries limit the total amount of loans, interest payments on which are deducted from the corporate tax base. The Tax Code of Ukraine establishes a double tax barrier - it limits both the amount of debt and the share of profit before deduction. However, the established barriers not only do not prevent profit shifting, but encourage the widespread use of this method to reduce tax liabilities due to profit shifting. The main drawback of thin capitalization rules is that allowed excessive amounts of loans from non-residents do not oblige the borrower to improve the financial results of the enterprise. Instead, they provide an opportunity to reduce the corporate tax base by 30% indefinitely and move them to jurisdictions with low tax rates. The method of regulation provided for by the Tax Code of Ukraine can be considered as an incentive for the misuse of State budget funds. In order to eliminate these shortcomings, it is proposed to significantly reduce both barriers and to oblige the borrower to ensure the effective use of loans to stimulate the socio-economic development of the country, i.e. to deduct interest from taxable profit only if there is an actual increase in the produced added value, the introduction of new products and/or processes. Existing shortcomings in the legal regulation of debt obligations prevent legal resolution of the case in court. New criteria for identification of the resident with regard to individuals and legal entities and the beneficial owner of income have been proposed.

Adaptive Methods for Revenue Model Learning of a Slice Broker in the Presence of Adversaries

AbstractIn the fifth-generation (5G) of mobile networks, Multi-Access Edge Computing (MEC) refers to the deployment of computing resources closer to the end-users for improved service delivery. In the context of 5G MEC, the slice broker plays a crucial role in managing the allocation of resources among the different network slices, which are logical networks on top of a shared infrastructure. The slice broker is a business entity that acts as an intermediary between the slice tenants and the infrastructure provider and is responsible for allocating resources (such as CPU, memory, and network bandwidth) required to set up the network. The slice broker must ensure that resources are allocated in a way that the revenue is maximized. In a dynamic environment, the slice broker must learn the revenue model adaptively and online. Adversaries can significantly reduce the revenue by misleading the system about the resources pretending to be selfish nodes, or creating noise. The slice broker should learn the revenue model in the presence of adversaries. We apply cooperative deep reinforcement learning with consensus mechanism and consensus deep learning to learn the revenue model adaptively. We also compare our proposed methods with the reference solution. Simulation results show that our proposed methods, especially the cooperative version, outperform the reference solution.

The Electronic Participation in Corporate Bodies in Lithuania from a Comparative Perspective

The Electronic Participation in Corporate Bodies in Lithuania from a Comparative Perspective

Institutional governance and state-building in Somaliland

Governance is the combined principles of the effective rule of law within a framework of institutional capacity for legal entity, Institutional governance encompassed both administrative aspect and legal framework of institutional development linked with the state-building development. Institutional governance entails accountability, transparency to the demands of effective monitoring process, the aim of the paper is to know how institutional governance affect state-building in Somaliland, institution governance framework and the role of institutions to stat-building follow to accountability, transparency, rule of law and participation. The paper exams to understand the dynamics of institutional governance and state-building idea of governance in state-progress, state-building determinate, institutional Legal frameworks, discrepancies affecting institutions and the consequence. Somaliland is post-conflict country, the consequence from the destruction of infrastructural development brought some basic facilities including, peace, schools and institutional governance has destroyed, the paper presents the role of government bureaucrats (Civil Service)[1] in institutional building, peace restoration and institutional development, finally one of the ideas of paper discussed is the how citizens involved state-building and state-development. The Somaliland Civil Service Commission is a Somaliland government agency established in 1993 that oversees the employment of civil servants and lead reforms in Somaliland's decentralization process. The head of the agency is chairman and is appointed by the President of Somaliland.

Current Status of Birth Registration Practice in Nepal

Birth registration is an essential element of civil registration and vital statistics which provide a legal identity and recognize the rights of an individual. In Nepal, birth registration has a long history starting from the Village Panchayat Act 1962 which was the first act with a provision for a birth certificate. Despite the over half-century experience of birth registration efforts, challenges to universal birth certificate coverage remain present, especially among the rural population. This research will investigate the current practices of birth registration in Nepal based on the findings of the National Population and Housing Census 2021. The analysis will show respective rates of birth certificate issuance across the regions, provinces, and development districts. Some areas show remarkable success in birth registration, while others struggle to reach significant coverage levels. The experience shows the critical role of government responsiveness to the development of birth registration which is especially important for rural areas and districts with significant rural populations. In this light, targeted efforts and outreach campaigns are necessary to eliminate barriers, thus guaranteeing equal access to birth registration for all children in Nepal.