Liability Company Research Articles

Navigating the Minefield: Ethical Challenges and Considerations in Data-Driven Management

In today’s contemporary business climate, data-driven management has emerged as an essential approach for organizations progressing towards streamlining overall operations, elevating decision-making, and promoting creativity. However, when the same data analytics assimilates with managerial applications, it leads to intricate ethical issues to deal with. This chapter examines vital ethical dimensions inherent in data-driven management such as data protection and privacy, liability, transparency, and possibilities of fraudulent use. The key concern is protecting the data collected while ensuring that it is collected with informed and mutual consent from the subjects. At the same time, maintaining transparency in data collection and its eventual utilization is also crucial to gaining and securing trust. Another significant challenge is the liability of companies and individuals to maintain and employ the data ethically. This ethical landscape becomes further complicated by data manipulation or misuse and the detrimental effects of predictive analysis. Businesses can levy data-driven management to promote efficiency and innovation as well as trust and integrity in their operations by proactively tackling these ethical challenges. The chapter unfolds a comprehensive review that delves into the ethical challenges and considerations of corporate decision-making based on data analytics and summarizes the ethical framework encompassing principles of transparency and accountability of businesses in the era of pervasive data-driven decision-making

A Conceptual Framework for Safe-and-Sustainable-by-Design to Support Sustainable Business Model Innovation and New Product Development

In order to reach a sustainable future and meet the UN’s Sustainable Development Goals (UN SDGs), business model innovation (BMI) needs to explore theoretical and practical intersections of the traditional innovation management (IM) and new product development (NPD) processes with sustainability considerations. New environmental and health policy ambitions such as those presented in the European Green Deal and the EU Chemicals Strategy for Sustainability (CSS) challenge traditional IM theories on BMI and NPD processes. The Safe-and-Sustainable-by-Design (SSbD) concept is a central element of the CSS and demands a novel approach that integrates innovation with safety, sustainability and circularity of materials, products and processes without compromising their functionality or their technical and/or commercial viability. Importantly, adopting such a concept can prevent regrettable substitutions, future liability and brand image issues for companies. To achieve this, companies must design products with minimal environmental impact, adopt circular economy principles, and ensure social responsibility throughout the value chain, whilst economic viable. By doing so, companies contribute to economic, environmental, and social sustainability. In this perspective, a conceptual framework is proposed on how to achieve sustainable BMI and NPD by integrating traditional IM tools with SSbD using life cycle thinking principles considering external and internal drivers.

Long-Term Investors, Demand Shifts, and Yields

Abstract I exploit a Dutch reform in the regulatory discount curve that makes the liabilities of pension funds and insurance companies (P&Is) more sensitive to changes in 20-year interest rates but less so to longer maturity rates. Following the reform, P&Is reduced their longest maturity bond holdings but increased those with 20-year maturities, steepening the long end of the yield curve. Using the reform as a shock to identify price elasticities of demand at the sector level based on holdings across maturity buckets and time, I show that banks are more price elastic than other investors and absorb demand shocks. (JEL G12, G18, G22, G23, G28)

Analisis laporan keuangan dalam menilai kinerja keuangan pada Marketing Office CitraLand Winangun Manado

Financial reports are very helpful and very important for companies to know how a company's financial performance is in the current year and previous years. This research aims to analyze financial performance using the profit and loss report at the CitraLand Winangun Manado Marketing Office from 2021-2023. The type of research that will be used in this research is descriptive with a quantitative approach using primary data sources and secondary data. The research results based on liquidity ratios are not good enough because in fulfilling its obligations the company experiences several obstacles on the side of the company's current liabilities and for trend analysis it is also not good enough because in fulfilling its obligations the company experiences several obstacles such as the income generated is not enough to cover existing expenses but to Trend analysis can be said to be good because in the following year it has increased and the activity ratio from the first to the third year has decreased but it is also quite good because the fixed asset turnover has increased every year, while the solvency ratio, profitability ratio and trend analysis can be said to be good every year. year because the decrease in profit only occurred in the first year and the following year there was an increase.

Acute Phosphine (PH3) Poisoning Released from Aluminum Phosphide (ALP) Led to Fatal Cases in Jeddah, Saudi Arabia

Aiming to identify aluminum phosphide (ALP) pills, which turn water or moist air into dangerous phosphine gas (PH3), we completed a retrospective study of cases of poisoning in the Kingdom of Saudi Arabia. Research on the problem of acute phosphine poisoning released from aluminum phosphide using a case analysis of fatalities in Jeddah, Saudi Arabia, used data obtained from entities responsible for preventing toxicology and included some families that were exposed to phosphine gas and aluminum phosphide. Deaths from aluminum phosphide and phosphine gas have increased in Saudi Arabia in recent years, even though their sale to individuals is forbidden. In addition, there is a lack of knowledge of this issue among doctors in hospital emergency rooms, which can lead to a delay in giving the appropriate medicine and, consequently, death. Acute phosphine poisoning released from aluminum phosphide has led to fatal cases in Saudi Arabia. Intervention programs are recommended to address the problem of selling aluminum phosphide illegally, and there is criminal liability for private companies in the fight against pests and insects. Additionally, awareness should be increased among youth through cooperation between public education and the media, which should include further research on this problem.

Legal Enforcement of Corruption Criminal Act PT Asuransi Jiwasraya (Case Study of Decision 2931 K/Pid. Sus/2021)

This study aims to evaluate the judicial decision in the corruption case involving PT Asuransi Jiwasraya (Persero) based on Verdict Number 2935 K/Pid.Sus/2021, as well as examine the liability of insurance companies in cases of policy payment failures. The research employs a normative legal method with a statute approach, relying on secondary data from documents and legal literature. Data analysis is conducted qualitatively by categorizing and selecting data, which is then analyzed deductively and presented descriptively. The findings indicate that the judge in Verdict Number 2935 K/Pid.Sus/2021 affirmed the legal violations that harmed the policyholders. The liability of the insurance company can be addressed preventively through regulations that provide legal certainty and repressively through criminal law enforcement and civil lawsuits by policyholders for PT Asuransi Jiwasraya (Persero)’s default. Law enforcement authorities are expected to be more proactive and stringent in handling corruption cases, and the government needs to enhance regulations related to policyholder protection, including the establishment of a Policy Guarantee Institution Act. Educating the public about their rights as insurance policyholders is also crucial for raising awareness and vigilance. Further research is necessary to explore the factors contributing to insurance companies’ failures to fulfill their obligations and the effectiveness of existing regulations. Implementing these recommendations is anticipated to create a more just and transparent legal environment, providing better protection for the public.

Legal Memorandum on the Legal Protection of Consumers on the Use of Exoneration Clauses by Transportation Services of Rosalia Indah Bus Company in the Case of Theft of Goods Reviewed Based on Consumer Protection Law

This research examines the legal protection for consumers in cases involving the use of exoneration clauses by transportation services, specifically focusing on PO Rosalia Indah's bus service. Exoneration clauses, which limit a company's liability in the event of theft or loss of goods, raise significant concerns regarding consumer rights. This study evaluates whether such clauses comply with Indonesia’s Consumer Protection Law and identifies the legal remedies available to consumers affected by such provisions. The research employs a normative juridical method, analyzing legal texts, including Law No. 8/1999 on Consumer Protection and relevant court rulings, to determine the legality and enforceability of exoneration clauses in transportation agreements. Data were collected through literature reviews of legal documents, journals, and cases related to consumer protection in transportation services. The results indicate that the exoneration clauses used by PO Rosalia Indah violate the principles outlined in the Consumer Protection Law, particularly Article 18, which prohibits businesses from including provisions that reduce consumer rights. It was also found that consumers have the right to pursue compensation through litigation or non-litigation mechanisms, such as the Consumer Dispute Settlement Agency (BPSK). The study concludes with recommendations for enhancing legal frameworks and ensuring that consumer rights are adequately protected in transportation service agreements.

Enhancing security in financial transactions: a novel blockchain-based federated learning framework for detecting counterfeit data in fintech.

Fintech is an industry that uses technology to enhance and automate financial services. Fintech firms use software, mobile apps, and digital technologies to provide financial services that are faster, more efficient, and more accessible than those provided by traditional banks and financial institutions. Fintech companies take care of processes such as lending, payment processing, personal finance, and insurance, among other financial services. A data breach refers to a security liability when unapproved individuals gain access to or pilfer susceptible data. Data breaches pose a significant financial, reputational, and legal liability for companies. In 2017, Equifax suffered a data breach that revealed the personal information of over 143 million customers. Combining federated learning (FL) and blockchain can provide financial institutions with additional insurance and safeguards. Blockchain technology can provide a transparent and secure platform for FL, allowing financial institutions to collaborate on machine learning (ML) models while maintaining the confidentiality and integrity of their data. Utilizing blockchain technology, FL can provide an immutable and auditable record of all transactions and data exchanges. This can ensure that all parties adhere to the protocols and standards agreed upon for data sharing and collaboration. We propose the implementation of an FL framework that uses multiple ML models to protect consumers against fraudulent transactions through blockchain. The framework is intended to preserve customer privacy because it does not mandate the exchange of private customer data between participating institutions. Each bank trains its local models using data from its consumers, which are then combined on a centralised federated server to produce a unified global model. Data is neither stored nor exchanged between institutions, while models are trained on each institution's data.

Про концепцію соціальної відповідальності бізнесу та унормування відповідальності материнських компаній

The article identifies various areas of violations of human rights and freedoms by industrial companies, which require an adequate response from the legislator. The experience of French and German law in protecting human rights and freedoms from the adverse impact of economic activity may be useful. This also applies to the liability of a parent company for the actions of its subsidiaries, given the existence of control over the activities of the latter, and the adoption of decisions that indicate the level of influence they exert. Despite the fact that economic freedoms are currently prioritized over social interests, social responsibility of business is becoming increasingly important. The article focuses on the issues of determining the type, amount of liability and assessment of violations identified in the course of analyzing the case law in disputes on social responsibility of business in the presence of a negative impact on human rights and freedoms. The author analyzes the tort liability of legal entities for human rights violations, noting that it is characterized by pecuniary compensation. In the absence of actual damages, the tort liability of companies loses its meaning. The case law of the European Court of Human Rights and Ukrainian court practice does not provide for compensation for the mere fact of interference or the mere existence of a negative impact on human rights and freedoms by a business entity. This makes it necessary to find other approaches to respond to the negative consequences of companies’ activities. The problem is exacerbated by the fact that damage to human rights and freedoms is difficult to measure and evaluate: determining the equivalent value of a violation of the right to privacy, personal information, loss of comfort, etc. On the contrary, the practice of English courts is to award compensation to the claimants whose rights and freedoms have been violated, which distinguishes them from the tort liability of companies.

Legal Consequences of Occupational Accidents in the Construction Industry a Criminal Law Perspective

The increasing number of accidents and losses due to work accidents, as well as potential hazards in the production process, require effective, comprehensive, and integrated Occupational Safety Management in the management of the company. Work accidents are often caused by unsafe activities, which can be caused by lack of knowledge and skills, physical disabilities, fatigue, and unsafe attitudes and behaviors. This study uses normative legal research methods with a statutory approach and a case-based approach. Sources of legal materials used include primary, secondary, and tertiary legal materials. The results showed that corporate crimes, including criminal liability of negligent companies in managing worker safety, can result in the loss of workers ' lives. The government has very little control over the implementation of occupational safety laws, and companies are still minimal in capital to improve K3 services for employees. In addition, the lack of publications and information on Occupational Safety and health, especially in rural communities, contributes to the aggravation of this condition.

Modeling of Mean-Value-at-Risk Investment Portfolio Optimization Considering Liabilities and Risk-Free Assets

This paper aims to design a quadratic optimization model of an investment portfolio based on value-at-risk (VaR) by entering risk-free assets and company liabilities. The designed model develops Markowitz’s investment portfolio optimization model with risk aversion. Model development was carried out using vector and matrix equations. The entry of risk-free assets and liabilities is essential. Risk-free assets reduce the loss risk, while liabilities accommodate a fundamental analysis of the company’s condition. The model can be applied in various sectors of capital markets worldwide. This study applied the model to Indonesia’s mining and energy sector. The application results show that risk aversion negatively correlates with the mean and VaR of the return of investment portfolios. Assuming that risk aversion is in the 5.1% to 8.2% interval, the maximum mean and VaR obtained for the next month are 0.0103316 and 0.0138270, respectively, while the minimum mean and VaR are 0.0102964 and 0.0137975, respectively. The finding of this study is that the vector equation for investment portfolio weights is obtained, which can facilitate calculating investment portfolio weight optimization. This study is expected to help investors control the quality of appropriate investment, especially in some stocks in Indonesia’s mining and energy sector.

Parent Companies Liability: Possible Solutions to the Illegal Acts of Their Overseas Subsidiaries

Multinational enterprises (MNEs) have a significant impact on the economy, politics and other aspects of host states. Due to the imbalanced development between countries and profit-oriented capital, the rights and interests of host states and their citizens may be infringed by the illegal acts of MNEs subsidiaries. Although there have been some solutions which are relatively agreed among countries on such cases by now, the specific rules for recognizing liability are still contradictory and uncertain, resulting in victims not being able to receive adequate and effective remedies. Based on this, through researching judicial practices, analyzing specific cases in different countries, and investigating the issue of parent companies liability for the wrongdoings conducted by their overseas subsidiaries, factors for the courts to consider when hearing relevant cases can be identified. Suggestions on the allocation of the burden of proof can also be put forward, aiming to provide a feasible path for host states to enhance protection of the rights and interests of their own countries.

A Systematic Literature Review of Working Capital Management in Business Organizations

Working capital management is a crucial aspect of financial management that focuses on the effective management of a company's current assets and liabilities to ensure the smooth operation of day-to-day activities. A literature review on working capital management reveals a plethora of research studies highlighting the significance of optimizing working capital to enhance a firm's profitability, liquidity, and overall financial performance. Several studies have emphasized the importance of maintaining an optimal level of working capital to strike a balance between liquidity and profitability. By efficiently managing components such as cash, inventory, accounts receivable, and accounts payable, companies can minimize the risk of financial distress and improve their operational efficiency. Researchers have proposed various models and techniques to assess and improve working capital management practices, such as the cash conversion cycle, the operating cycle, the current ratio, and the quick ratio. Moreover, studies have also explored the impact of working capital management on firm value and performance. It has been widely documented that effective working capital management positively influences a company's profitability and shareholder value. By reducing the cash conversion cycle and operating cycle, firms can release trapped capital and reinvest it in value-creating activities. Conversely, inadequate working capital management can lead to financial constraints, increased costs, and reduced profitability. Furthermore, researchers have investigated the determinants and challenges of working capital management across different industries and regions. Factors such as industry characteristics, firm size, profitability, growth rate, and macroeconomic conditions have been identified as key determinants of working capital management practices. Cultural, regulatory, and technological factors also play a significant role in shaping companies' approaches to working capital management. In conclusion, the literature review on working capital management underscores the importance of adopting efficient strategies to manage current assets and liabilities effectively. By optimizing working capital levels, companies can improve their financial performance, enhance liquidity, and create long-term value for stakeholders.

Investigating the Impact of Financial Reporting for Cryptocurrencies on Company Value

Abstract This research focuses on investigating the impact of cryptocurrency accounting reports on company value (measured by financial performance) before and during the COVID 19 epidemic. Analyzing publicly listed companies’ data in firms’ 10-K filings, we find that there is no significant relation with the company’s profits while a company holds cryptocurrency positions. Although the issue of cryptocurrency accounting is an emerging topic, prior literature is mostly focused on cryptocurrency investment and is a rare investigation coping with the accounting treatment of crypto-assets. This paper seeks to contribute to the knowledge of fresh issues surrounding the accounting practices and standards tied to cryptocurrency for the company’s holding of crypto-assets. Taken together, the observed findings obtained from the test of the second hypothesis show that there is no significant relationship with the company’s stock returns while a company holds cryptocurrency positions. This result can be interpreted to determine whether the general investors take a more positive or negative attitude towards companies involved in cryptocurrency holding. Crucially, research findings unveil that cryptocurrency holdings have a significant impact on a company's liabilities. Our empirical evidence could be beneficial to public authorities and firms in decision- making situations related to cryptocurrency holdings of companies. JEL classification numbers: G10, G18, M14, M41. Keywords: Cryptocurrency accounting reports, Crypto-asset holdings, Firm value.

Working Capital Management and Financial Performance of Small and Medium-Sized Enterprises (SMEs) and SACCOS in Kenya

Small and medium-sized enterprises (SMEs) play a critical role in driving economic growth, creating employment opportunities and promoting local revenue generation in Kenya. However, they face various challenges such as limited financial resources, inadequate infrastructure and volatile market conditions. Effective working capital management (WCM) is essential for SMEs to overcome these obstacles and achieve sustainable success. The aim of this research is to examine the impact of WCM on the financial performance of SMEs in Kenya. This paper uses literature review methodology to draw conclusions. The literature review provides insights from various studies that highlight the importance of credit management and internal factors that influence organizational performance. An efficient WCM is crucial for ensuring the financial stability of companies, especially SMEs. Poor WCM can lead to financial challenges and possible bankruptcy, while effective management can significantly increase financial efficiency. WCM involves monitoring a company's current assets and liabilities to ensure timely commitments while minimizing associated costs. This research contributes to understanding the importance of WCM for SMEs in Kenya and provides stakeholders with practical insights to improve financial performance through effective WCM strategies tailored to the Kenyan context.

Analisis Dampak Implementasi IFRS 9 Terhadap Penilaian Aset dan Kewajiban Keuangan: Tinjauan dari Perspektif Perusahaan Publik

This article aims to analyze the impact of the implementation of International Financial Reporting Standards (IFRS) 9 on the valuation of financial assets and liabilities from the perspective of public companies. The literature review method is employed to gather and analyze various studies and literature related to the implementation of IFRS 9. From the literature review findings, it is revealed that the implementation of IFRS 9 has significant impacts on the valuation of financial assets and liabilities of public companies. Changes in the classification, recognition, and measurement of financial instruments can affect the financial statements and performance of companies. The importance of a deep understanding of this standard increases with the growing complexity of financial instruments. Three relevant keywords in this article are IFRS 9, financial asset valuation, and public companies. This article is expected to provide additional insights to practitioners, regulators, and academics regarding the implications of implementing IFRS 9 in the context of valuing financial assets and liabilities of public companies. Keywords: IFRS 9, financial asset valuation, public companies.

Unmasking company liability for corruption by associated persons

PurposeThe Malaysian Anti-Corruption Commission Act 2009 (MACC Act) has introduced Section 17 A, which holds companies and their management accountable for bribery committed by their Associated Persons in the interest of the company. This study aims to explore the evolving concept of Associated Persons and corporate liability within this legal framework. It delves into three primary legal models of Associated Persons, particularly focusing on corrupt cases falling under Sections 17 A (1), 17 A (6) and 17 A (7) of the MACC Act. The study also investigates the extent of Associated Persons’ involvement in these cases that eventually led to company liability.Design/methodology/approachThe study deployed thematic and comparative analyses to assess the legal framework and highlight the significance of Section 17 A of the MACC Act.FindingsThe study disclosed that, despite having corruption policies, there is still a possibility for Associated Persons to engage in corrupt activities. To ensure long-term business sustainability, it is crucial to implement effective mechanisms and a strong compliance culture.Originality/valueThis study suggests implementing a due diligence checklist and conducting risk assessments for companies as measures against corruption caused by Associated Persons. Corporate entities and legal professionals may benefit from the reported findings to better comprehend the corruption offences outlined in Section 17 A of the MACC Act.

Integrasi Prinsip Syariah dalam Pengelolaan Modal Kerja dan Keputusan Pembiayaan: Tinjauan Teoritis

This study aims to analyzes working capital management and financing in general. Basically, working capital management is a form of managing the company's current assets and current liabilities with the aim of achieving a balance between profit and risk so that in the future it can make a positive contribution to company value, namely increasing profits and reducing risk. The condition of the company is influenced by working capital management in increasing and controlling its liquidity. Where a company must provide sufficient working capital in order to carry out the company's operations. In addition, increases or decreases in liquidity can be seen from the company's working capital. Financing management is very important for Islamic financial institutions because by implementing good financing management, Islamic financial institutions in particular will be able to maintain healthy financial performance and reduce the risk of bad financing. This research is quantitative research with a descriptive approach. To minimize the risks that occur, financing management from the perspective of Islamic financial institutions must be carried out based on the precautionary principle contained in the financing analysis which includes 5C analysis and 7A analysis.

Liability of Electricity Companies for Damages Resulting from Electrocution under Jordanian Legislation

Protecting life from harm is a basic right granted to every individual. This study aims to determine the civil liability of electricity companies resulting from electrocution cases. For civil liability to arise, the harm can be direct or consequential. If it is direct, it must unconditionally be made good, and if it is consequential, three conditions must be met: a wrongful act, deliberate element, and the act led to the damage. The study examined the nature of the electricity company's liability for damage in light of the law specifying the types of liability related to this aspect, such as tort liability, which results from a person's wrongful act. The injured person can file a compensation lawsuit for the damage under the Civil Procedure Code. If the defendant complies willingly to pay an appropriate amount of compensation, there is no longer any need for litigation. The results of this paper suggest the need to add special by-laws addressing civil liability for damages resulting from things or machines under the General Electricity Law. In addition to issuing statutes addressing the criminal liability under the same law.

Liability of Individual Companies Against Third Party Losses

Micro, Small and Medium Enterprises (UMKM) bring a heavy impact to raise Indonesia's economy. They accommodate the growth of the nation's gross income by 60.5% and employ 96.9 % of the total man power in this country. To raise the impact of small and medium enterprises the government aims to create more conductive business conditions with the Job Creation Act (UU Ciptaker). In this Act, the small and medium enterprise is allowed to build a limited liability company with only one share holder, named Individual Company for MSME's. The Individual Company for MSME's has the same liability as Limited Liability Company although the Individual Company is run by one person only. In The Individual Company, the company itself only has the same person as Director, and for the consequence of a company that only runs by one person that person also functions as the general meeting of shareholders (GMS). The job creation act is contrary to the limited liability company act. This research studies the liability of Individual Companies for MSME's with the third party. The result of this research can be used by the third party who runs a contract with the Individual Company for MSME's because the Indovidual Company for MSME's doesn't have a complete company organ. The founder of Individual Company for MSME's function as the director and general meeting of shareholders. In the Individual Company for MSME's doesn't have a commissioner, so the Individual Company for MSME's doesn't have a proper surveillance and "checks and balances". That condition makes the third party who has a contract with the Individual Company for MSME's need a proper legal protection.