Search results

In different recent judgments, the Jordanian Court of Cassation, among many other Jordanian Courts, has found that a limited liability company's shareholder may be held liable in addition to the company itself as to claims related to the company's debits and different obligations. While the aforementioned approach does constitute a departure from the well-established former approach that the same Court has followed for a long period, the Court have unsurprisingly brought up different interpretations to the insufficient provisions that the Jordanian Companies' Law no. 22 of the year 1997 does contain pertaining this specific area of law. Accordingly, this paper aims to attempt to point out and critically examine the aforementioned Courts' decisions and law provisions to demonstrate the extent to which limited liability companies in Jordan are truly limited in liability and whether such Courts have pierced the corporate veil for adequate reasons.

To examine the extent to which limited liability companies in Jordan are truly limited in liability, this work uses the most relevant secondary data available in this relation as the main method to complete such examination and this shall include different interrelated law provisions, case law and jurisprudence. Through critically analyzing and comparing such data, this work will identify the problems connected to this specific area of law and accordingly proposes different recommendations and conclusions.

This work submits that the aforementioned Courts and Legislator have not dealt with such a matter in an adequate and comprehensive manner and that they should have addressed this area of law in a different and more specific way. Furthermore, this work argues that while the reasons behind the Courts' decisions shall be respected, the distinct characteristics that brought up limited liability companies into practice shall be also respected and left intact.

Taking into consideration the recent different approach followed by the Jordanian Courts to this specific area of law, and as far as the author is aware, it would not be surprising to say that there is no comprehensive and updated scholarly work which has either examined such an issue or addressed its implications from technical and legal standpoints. This paper receives its originality and value from being the first work that examines and addresses such important matter.

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

The purpose of this paper is to test the effect of organizational learning on employees’ job satisfaction, the effect of organizational learning on the employees’ organizational commitment, the effect of the organizational learning on employees’ performance, the effect of job satisfaction on the employees’ performance and the effect of organizational commitment on employees’ performance in PTPN XIII (Limited Liability Company) in West Kalimantan.

The population in this research refers to all employees of PTPN XIII (Limited Liability Company) in West Kalimantan, with the criteria that the employees are from class III‒IV (population of access). The size of the sample is determined by using the partial least square approach, which is 10 times of the size of formative indicator, that is, job satisfaction with five indicators plus employee performance with eight indicators, with the total being 13 × 10 = 130 employees. The sampling method used is proportional random sampling technique, which is based on work area (three working areas: Head Office, West Kalimantan I District and West Kalimantan District II).

Learning organization has a significant and positive effect on job satisfaction and organizational commitment, but it has no significant effect on the employee performance. Job satisfaction and organizational commitment have a significant effect on employee performance.

The phenomenon that existed in PTPN XIII (Limited Liability Company) and referring from various previous research results, the study regarding employee performance was conducted using organizational learning variable as an exogenous variable and using job satisfaction and organizational commitment variable as an intervening variable. Robbins (1996) revealed that the relationship between organizational learning and performance is not very close. It is necessary to have other variables that can reinforce the relationship and to determine the extent to which the organizational learning can contribute to the improvement of the performance.

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.

1.1 What Are Accounts For? Overview The purpose of accounts is to reveal performance in the conduct of a business or other activity concerned with use of economic resources (e.g. a club). It is thus a matter of stewardship. Although, like economics, it is necessary in accounting to use money as a measure of performance, it is concerned with the individual organisation rather than with economic phenomena as a whole.

A limited liability company (LLC) plays an important role in the commercial activities in Kuwait. The majority of companies in Kuwait takes the form of a limited liability. This is due to a number of reasons, namely smallness of the invested capital, its suitability to a middle‐size enterprise and the limited liability of the partners. The LLC was confined to at least two special provisions (prohibition) that differ from other forms of companies. First, Article 187 of the Company Code provides that LLCs ‘may not transact insurance business, banking or the investment of monies for third parties’, and secondly, Article 185(2) states that ‘partners may only be natural persons’. The rationale of these prohibitions is based on the weakness of the financial position and the limited liability of the company, as insurance and investment need a large capital, and on the other hand to prevent holding companies (HCs) from controlling LLCs, and enter into irrational speculation in commercial activities, which may affect the minority of shareholders and the national economy too.

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).

Traces the evolution of the corporation in England, from Greco‐Roman times to the Joint Companies Act of 1862. The evolution suggests a supply of the corporate form that responded to the demands of the marketplace. With the growing specialization of labour in the markets, the corporate form came to be more specialized itself, ending with the enactment of universally available limited liability incorporation.

The corporate veil or veil of incorporation is a legal concept that separates the legal and juristic personality of a company from its members, directors and other stakeholders. Indeed, common law has provided for numerous circumstances in which the corporate veil of a company may be lifted, and courts rely on these case law precedents to determine the grounds for lifting the corporate veil. However, there is limited case law regarding environmental torts as a ground for lifting the veil of incorporation and there is no legal provision in Mauritius which recognises environmental crimes as an exception to corporate veil. Consequently, this paper aims to discuss the liability of decision-makers of a company in the case of corporate environmental wrongdoings and thereafter, to present a case for amending Mauritius laws to give recognition to environmental torts as a ground of lifting the corporate veil.

This paper has adopted the black-letter approach and the comparative research methodology. The laws of Mauritius on corporate veil will be compared to the related laws of the USA and Canada with the view of seeking recommendations for Mauritius, as these countries are known to have an extensive legal framework on environmental crimes as a ground to lift the corporate veil.

It is concluded that it is high time for Mauritius to adopt a separate manslaughter law that would incorporate crimes committed to the environment by corporate bodies as a ground for lifting the corporate veil and thereby attacking individual stakeholders concerned.

This study is among the first researches conducted in the field of environmental torts as a ground for lifting the corporate veil in Mauritius.

In recent years, businesses in many states have been given the opportunity to select a new form in which to conduct business called the limited liability company. This form provides the advantage of the personal liability protection of a corporation, while being taxed as a partnership. If most states create the limited liability company and current issues of uncertainty are favorably resolved, the limited liability company should become the most advantageous business form for most small and medium sized businesses.