Social Enterprises in Asia
A New Legal Form
Series: International Corporate Law and Financial Market Regulation;
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Product details:
- Publisher Cambridge University Press
- Date of Publication 30 March 2023
- ISBN 9781108838153
- Binding Hardback
- No. of pages216 pages
- Size 237x155x17 mm
- Weight 479 g
- Language English 441
Categories
Short description:
Advances a comprehensive and viable legal form for social enterprises in Asia; invaluable book for scholars, policymakers, regulators and NGOs.
MoreLong description:
Social enterprises are regarded as a vital solution to the pressing problem of socio-economic inequality and play a crucial role in the delivery of public goods and services. Ernest Lim argues that social enterprises in four leading Asian jurisdictions - India, Hong Kong, Singapore and Malaysia - should have a new legal form. This entails advancing a nuanced and comprehensive framework consisting of five criteria: (1) corporate purpose; (2) directors' duties; (3) decision-making powers; (4) reporting, impact measurement and certification; and (5) distribution of dividends, assets, and tax benefits. This invaluable work demonstrates that the existing legal forms in common law Asia, the UK and the US do not properly address the various conflicts of interest affecting social enterprises. An essential read for those interested in understanding and evaluating the laws and regulations on social enterprises, as well as designing and implementing creative ones to protect and promote these important businesses.
'There is a consensus that corporate governance should focus on the right thing - creating durable wealth for investors through the sale of safe and useful products and services, the respectful and fair treatment of all stakeholders, particularly workers, and sustainable, environmentally responsible conduct. But, unless we build on that shared belief across the full scope of the world's leading market economies, we won't succeed. In his important book spelling out positive steps for leading Asian market economies to embrace stakeholder capitalism, Professor Lim has enhanced the possibility of convergence with the B Corp movement in OECD and a future where all leading market economies channel company behavior in the way that produces the most real wealth and value.' Leo E. Strine, Jr., Former Chief Justice and Chancellor, the State of Delaware; Ira M. Millstein Distinguished Senior Fellow, Ira M. Millstein Center for Global Markets and Corporate Governance, Columbia Law School; Michael L. Wachter Distinguished Fellow, University of Pennsylvania Carey Law School
Table of Contents:
1. Introduction and overview; 2. Corporate purpose; 3. Directors' duties; 4. Decision-Making powers; 5. Reporting, impact measurement, and certification; 6. Distribution of dividends, assets and tax benefits; 7. Conclusion.
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