By Klaus J. Hopt, Thomas Von Hippel
The commercial significance of the non-profit quarter is transforming into speedily within the united states and Europe. although, the legislation has no longer saved abreast with its improvement. the eu court docket of Justice has prolonged sure freedoms of the EC Treaty to non-profit agencies, and extra case legislation is anticipated to keep on with within the close to destiny, however the observations, theories, recommendations and felony and non-legal principles during this box are manifold. the possibilities of harmonising the legislation on a ecu point are slender. regardless of those modifications, a typical center of overseas company governance difficulties and regulatory recommendations may be visible. This quantity of essays brings jointly numerous foreign specialists from either company governance and governance of non-profit firms to match the 2 components and discover the teachings that may be realized concerning comparative company governance for non-profit agencies.
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Extra resources for Comparative Corporate Governance of Non-Profit Organizations
JCP G J. L. & Econ. 3 on Sat Mar 16 18:23:42 WET 2013. Chi. J. Lov om erhvervsdrivende fonde Lov om fonde og visse foreningerand Loyola University Chicago Law Review MD&A Md. L. Rev. Milbank Q. MoCA Management’s Discussion and Analysis Maryland Law Review Milbank Quarterly Ministry of Civil Affairs NAAG NAO NASCO NCIB NCVO NICVA NJA NJW NJW-RR Nonprofit & Voluntary Sector Q. Rev. W. Rev. Y. Exec. L. Y. L. Sch. L. Rev. Y. Not-for-Profit Corp. L. U. U. L. Rev. NZG National Association of Attorneys General National Audit Office National Association of State Charity Officials National Charities Information Bureau National Council for Voluntary Organisations Northern Ireland Council for Voluntary Action Nytt Juridiskt Arkiv Neue Juristische Wochenzeitschrift NJW-Rechtsprechungs-Report Nonprofit & Voluntary Sector Quarterly OECD North Carolina Law Review new public management Nonprofit Organisation North Western Law Review New York State Executive Law New York Law School Law Review New York Not-for-Profit Corporation Law New York University New York University Law Review Neue Zeitschrift f¨ur Gesellschaftsrecht OGH Oregon L.
Many more differences, and fundamental ones, concern the legal forms here and there and, in particular, the ways and means of regulation, problem-solving and enforcing. History, political environment, the involvement of the state, social needs and habits, and probably mere coincidences in development – all these are country-specific and have made the state of the law of nonprofit organizations highly path-dependent with little or no chance of harmonization in the European Union. Indeed, harmonization is rightly not on the agenda of the European Commission.
What about Scandinavian-style enterprise foundations? Granted, they cannot be taken over in the takeover market and that may be bad for European integration. The watered-down thirteenth directive on takeovers is a witness to this. Even the Dutch have opted out because of rising national protectionism all over the European Union. According to traditional wisdom, however, such enterprises should at least pay a price for this in performance. Yet the research of Steen Thomsen and Caspar Rose suggests that in Denmark they have performed even better.
Comparative Corporate Governance of Non-Profit Organizations by Klaus J. Hopt, Thomas Von Hippel