In the modern environment, the company constantly faces various types of risks in its business activities. Therefore, the problem of identifying and measuring risks is extremely relevant. The article ...proposes a scheme for managing financial risks, which includes identifying risk factors, determining the permissible risk level, analyzing individual transactions, developing risk mitigation measures. The article proposes to create the following funds, reserves and collateral: a bad debts reserve, provision for warranty service of clients, provision for social orientation, provision for restructuring, provision for burdensome contracts, fiscal (tax) reserves, commercial, industrial, informational risk reserves, future costs and payments reserve, legal provisions, provisions for impairment of assets, reserve fund. Risks should be taken only if the level of return on risky operations exceeds the level of risk. The issue of the choice of certain reserves, funds and provisions is regulated by the accounting policy of the enterprise, where their types and the order of their creation should be clearly defined. Such measures allow planning contingency expenses and informing users of financial statements of future risk events.
Interpreters and War Crimes (Edition 1) Takeda, Kayoko
International Journal of Research Studies in Language Learning,
01/2021, Volume:
1, Issue:
4
eBook, Book Review
Open access
Taking an interdisciplinary approach, this book raises new questions and provides different perspectives on the roles, responsibilities, ethics and protection of interpreters in war while ...investigating the substance and agents of Japanese war crimes and legal aspects of interpreters’ taking part in war crimes. Informed by studies on interpreter ethics in conflict, historical studies of Japanese war crimes and legal discussion on individual liability in war crimes, Takeda provides a detailed description and analysis of the 39 interpreter defendants and interpreters as witnesses of war crimes at British military trials against the Japanese in the aftermath of the Pacific War, and tackles ethical and legal issues of various risks faced by interpreters in violent conflict.The book first discusses the backgrounds, recruitment and wartime activities of the accused interpreters at British military trials in addition to the charges they faced, the defence arguments and the verdicts they received at the trials, with attention to why so many of the accused were Taiwanese and foreign-born Japanese. Takeda provides a contextualized discussion, focusing on the Japanese military’s specific linguistic needs in its occupied areas in Southeast Asia and the attributes of interpreters who could meet such needs. In the theoretical examination of the issues that emerge, the focus is placed on interpreters’ proximity to danger, visibility and perceived authorship of speech, legal responsibility in war crimes and ethical issues in testifying as eyewitnesses of criminal acts in violent hostilities. Takeda critically examines prior literature on the roles of interpreters in conflict and ethical concerns such as interpreter neutrality and confidentiality, drawing on legal discussion of the ineffectiveness of the superior orders defence and modes of individual liability in war crimes. The book seeks to promote intersectoral discussion on how interpreters can be protected from exposure to manifestly unlawful acts such as torture.
Extending dual-class stock: Proposal Berger, David J.; Fisch, Jill; Solomon, Steven Davidoff
Theoretical inquiries in law,
06/2024, Volume:
25, Issue:
1
Journal Article
Peer reviewed
The increasing use of dual-class voting structures in public companies—and the frequency with which such structures contain sunset provisions—raises the issue of when and how such sunset provisions ...should be modified, extending the company’s use of the dual-class structure. Recent decisions have applied the entire fairness legal standard to dual-class extensions, but, in the recent Trade Desk case, the Delaware Chancery court concluded that the extension complied with the MFW standard and should therefore receive the protection of the business judgment rule.
We question the practicality of applying either entire fairness or MFW to dual-class extensions. Instead, we argue for a contractual approach in which the initial charter specifies the conditions under which a dual-class structure can be extended. The contractual approach increases the information available to shareholders at the IPO stage, thereby improving market efficiency. We argue that extensions that comply with such charter provisions should be insulated from entire fairness review.
Journal of International Wildlife Law & Policy Legal, Policy, and Institutional Provisions for Community Participation and Empowerment in Transfrontier Conservation in Southern Africa
The issue of provisions is a controversial one because, on the one hand, applying the prudence principle imposes in many cases the use of these accounting structures, and on the other hand, limiting ...the deductibility of the expenses arising from their setting-up renders many business entities to avoid their acknowledgement. Another controversy generated by provisions is the one related to the value estimations occasioned by them, as well as to other subjective matters raised by their assessment and accounting. The article hereby tries to identify these issues and to provide solutions for their settlement in accordance with the accounting and tax regulations provided by the Order of the Minister of Public Finance No. 1802/2014 for the approval of the Accounting regulations regarding the individual annual financial statements and consolidated annual financial statements, as subsequently amended and supplemented, and by the Fiscal Code.
In this comparative study of shipping interdiction, Douglas Guilfoyle considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as ...piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism. Interdiction raises important questions of jurisdiction, including: how permission to board a foreign vessel is obtained; whether boarding State or flag State law applies during the interdiction (or whether both apply); and which State has jurisdiction to prosecute any crimes discovered. Rules on the use of force and protection of human rights, compensation for wrongful interdiction and the status of boarding State officers under flag State law are also examined. A unified and practical view is taken of the law applicable across existing interdiction regimes based on an extensive survey of state practice.
Rework in construction contracts is an interesting topic as it influences contractual claims and disputes. Changes in design, work scope, and construction turn into rework and affect the contract ...sum, the project completion date and project performance. Thus, clear responsibility to manage rework is essential for construction contracts. Contractual rework provisions are difficult to trace as they are written indirectly or in a complex context. A well-defined contract with clear responsibilities before the project commencement will safeguard the contract from unforeseen circumstances. In this study, the stipulated provisions related to the causes of rework are reviewed and analysed in New Zealand standard form of contract. The research uses a mixed quantitative and qualitative method for data collection and analysis. This paper collects a list of rework causes, assesses each rework cause in the general contract conditions, and explores relevant rework clauses of NZS3910 contract. The study revealed five significant causes of rework that have been addressed in the contract conditions. Further investigation into the reminder causes during contract negotiation enables contract parties to manage their obligations under rework events. Properly addressing the causes of rework in the contract conditions improves the overall project performance and reduces contractual claims and disputes.
Annual sales revenue is one of the most critical indicators of franchise performance not only for the business stakeholders but also for prospective franchisees who are exploring their investment ...opportunities. Accordingly, Franchise Times ranks and reports the 200 top franchisors annually based on sales performance. Historically, some franchisors have successfully maintained their position among top-ranking firms for years in this credible ranking. Understanding factors associated with such achievement is pivotal for the success and improvement of franchise firms. Despite its importance, the impact of franchise contract provisions on maintaining their sales leadership remains unexplored. In this research, we examine various contract provisions, including cost structure, incentives, and governance, among top franchise firms over time to shed light on factors affecting their sales leadership and continued presence among top-ranking firms. Using the survival analysis, we empirically address this gap by analyzing an unbalanced panel dataset of 153 franchise firms from 2013 to 2020 (1172 firm-year observations). We find that franchisors with contract provisions specifying higher royalty rates, financing support for franchisees, multi-unit or master-franchise-only options, and a primary focus on franchising for expansion are more likely to maintain sales leadership within the industry.
•Contract provisions and governance mechanisms impact the maintenance of sales leadership in top franchise firms.•Franchisors with contract provisions specifying higher royalties and franchisee financing better maintain sales leadership.•A primary focus on franchising for expansion and multi-unit or master-franchise-only options contributes to sales leadership.
While the Building Safety Bill will be revised before it is enacted, building control professionals need to understand now how the proposed regime will affect them
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