Premium Essay

A Report on Negotiation Between X and Y

In:

Submitted By hivooli
Words 807
Pages 4
EUROPEAN COMPANY LAW

Characteristics of company law
 Very complex and flexible area of law in modern day society  Forming a company is a popular way of making business in the market  Company law has strong connections with many other private law and public law areas (tax law, accountancy law, bankruptcy proceedings, competition law)  Vital area of law for practicing the freedom of establishment in the EU

Difficulties of harmonizing the laws in the Member States
 Four company law families in Europe with strong traditions:
    German-Austrian model French model Anglo-Saxon model Scandinavian model

 Different forms and types of companies in most member states  There is no mutual admission for companies formed in another member state

Attempts to form an EU company law
 Directives related to certain areas of company law (Rome Treaty art. 50.)
    To ensure smooth business in the common market Unfortuntaly very ineffective Almost always basic principles of company law Not real unification of company law

 Regulations to form EU supranational companies
 Implied powers rule in Rome Treaty (art. 352)  3 EU companies governed exclusively by EU law not the laws of the Member States  with at least two partners from different member states may choose these special company types free from national legislation

Interpretation of the freedom of establishment for companies
 Daily Mail – case (C-81/87)  ECJ made a distinction between primary establishment and secondary establishment  Primary establishment  To move the real seat of the company to another member state with maintaining the original legal personality (original company form) is not possible since there are serious differences in company laws of the member states  A company should end its business in the original member state, then form itself again under the laws of the

Similar Documents

Premium Essay

A Report on the Negotiation Between X and Y

...A report on the negotiation between X and Y Executive summary: It is summary of the main points and the conclusion of the report. It gives the reader a quick overview of the total situation. Introduction: It informs the reader about the goals of the negotiation and also about the participants, the time and the venue Results: It is the body of the report. It gives the facts and basic items about the process of the negotiation and the results of the contract from the point of view of the writer. It is usually divided into several paragraphs. Paragraph one: pre-negotiation strategy prepared by each group. Goals: high priority items, bottom line and trading cards. Balance of power and the strategy used during the negotiation. Paragraph two: the order of discussion of the items. It is about what occurred during the negotiations, whether it followed your strategy and how successful it was. Paragraph three: the main points of the contract. Conclusion It is about what the writer thinks about the facts and how she interprets them Recommendation (if any): Recommendations are practical suggestions to deal with the situation and ideas for making sure contracts in the future are carried out more successfully. Long-range sporting Goods, Inc. of Elizabeth, New Yersey, has contacted Allsport Distributors as a possible agent for their golf clubs and bags in China. Long-range Sporting Goods: mid-to-luxury range of golf clubs, emphasis on up-market segment...

Words: 429 - Pages: 2

Free Essay

Foreign Exchange Activities of Exim Bank of Bangladesh Ltd.

...every person to have some idea on the bank and banking procedure. Internship program is essential for every student, especially for the students of Business Administration, which helps them to known the real life situation. 1.1 Background of the Report: This report was being assigned as a part of the BBA Program. To prepare the report under the BBA program requirement, I accommodate my internship program in the EXIM Bank Limited. For the completion of the program, I have already prepared a report. This report is being formed on the most important issue “Foreign Exchange performance of EXIM Bank Limited”. The entire report is based on practical experience of EXIM Bank Limited. I have tried to furnish all the issue that I gathered from through working with EXIM Bank limited. 1.2 Objective of the Report: The objective of the report are mentioned according to the priority- 1. The most significant objective of preparing and submitting this report is to completion of the BBA program. 2. To gain practical experience in the job field is another most important objective. 3. To have a clear idea about the foreign exchange performance of EXIM Bank Limited is also required. 1.3 Scope of the Report: This report provides a brief idea about the banking functions, management, organizational...

Words: 14654 - Pages: 59

Free Essay

I Just Want to Join !!!

...avoidance, negotiation Abstract A model is presented of the way that our cultural attitude towards the unknown influences the decisions we make in trade. Uncertainty avoidance is one of Hofstede’s five cultural dimensions. The paper presents a model of how this dimension affects trade. This influence has been explicated for the decisions regarding trade: partner selection, negotiation behavior, trust, and the interpretation of the trade partner’s behavior. It has been verified in simulations showing that the generic tendencies as attributed to uncertainty avoidance are reflected in the simulation results. Our approach is an example of instantiating generic knowledge on the influences of culture on decision-making in general. INTRODUCTION The international food economy is rapidly changing. Important issues are concentration and globalization, growing information intensity, consumer demands, and social responsibility [Kinsey 2001]. An important issue in current food trade research is the emergence and performance of international supply chain networks [Lazzarini et al. 2001]. Agent-based modeling extends the understanding of processes in society and economy. It enables simulation of the emergence of macro-level phenomena from micro-level interactions between individual agents [Tesfatsion and Judd 2006]. It is therefore well-suited for modeling the emergence and performance of supply chains under different institutional and social arrangements. Differences between national cultures...

Words: 6864 - Pages: 28

Free Essay

Cover Letter

...1 Auction Based Mechanisms for Electronic Procurement T. S. Chandrashekar, Y. Narahari, Charles H. Rosa, Devadatta Kulkarni, Jeffrey D. Tew, and Pankaj Dayama Abstract— This article reviews recent research and current art in the area of auction based mechanisms for electronic procurement. These mechanisms are becoming increasingly relevant in modern day e-procurement systems since they enable a promising way of automating negotiations with suppliers and achieving the ideal goals of procurement efficiency, cost minimization, and agent based deployment. The survey delineates different representative scenarios in e-procurement where auctions can be deployed and describes the conceptual and mathematical aspects of different categories of procurement auctions. We discuss three categories: (1) multi-unit auctions for a single homogeneous type of item; (2) combinatorial procurement auctions where the buyer seeks to procure a bundle of multiple items and the suppliers bid for subsets of the bundle; and (3) multi-attribute auctions where the procurement decisions transcend cost considerations alone, to take into account lead times, logistics costs, and other important attributes. In all three cases, the winner determination problem and the determination of payments turn out to be interesting and challenging combinatorial optimization problems. In our review, we present mathematical formulation of procurement scenarios under each category, bring out the challenge involved in solving...

Words: 25059 - Pages: 101

Premium Essay

Assignment

...Management Accounting Systems Executive Summary The company’s profits are falling and there is a build up of inventory within the production process. This report considers three management systems which could rectify the situation. Considering Theory of Constraints, Just In Time and Programme Evaluation and Review Technique, the report recommends that more information regarding the cause of the problems is undertaken, and a suitable programme of revaluation of the business processes is undertaken. Introduction The role of management accounting in the organisation has become so much more that the reporting of the score to managers (Hansen, Mouritsen 2006). In the wake of the decline of Western Manufacturing and the relevance crisis of management accounting to modern business as outlined by Kaplan and Johnson in ‘Relevance Lost’, the traditional cost accounting approach has been largely replaced by alternative methodologies (Kee, Schmidt 2000). The role of the management accounting in the modern firm is not only to report the score, but to seek to influence the score by using techniques and theoretical approaches to improve the business processes. As such it is important for managers to understand the use and usefulness of a variety of alternatives to traditional accounting approaches, especially traditional cost accounting and look to introduce other techniques which may have practical advantages for the firm (DUGDALE, JONES 1998). There is no one size fits all approach...

Words: 1963 - Pages: 8

Free Essay

Collective Bargaining

...International Comparative Trends in Collective Bargaining Susan Hayter Collective Representation, Coverage & Scope As Figure 1 shows, trade union membership has declined in many countries. There are a number of reasons for this. First, structural changes in labour markets, involving a decline in the share of manufacturing in total employment and increase in the share of services, eroded the traditional membership base of trade unions. In some regions, the dramatic decline in public sector employment as a result of structural adjustment and privatization had a detrimental effect on union membership. Second, legal reforms introduced in some countries prohibited compulsory unionisation (“closed shops”) and encouraged individual contracts. Third, the increase in international competition as a result of globalization undermined the bargaining power of trade unions and strengthened the hand of management. Finally, the growth of non-standard forms of employment, for example part-time or fixed-term contracts put a brake on union Trade union membership has declined in many countries. Collective bargaining is a key means for improving wages and conditions of work and for regulating employment relations. Integration into global markets has intensified competition. In response, enterprises sought to be more flexible by introducing new forms of work organization and changing their employment practices. These changes present important challenges for collective bargaining. Collective bargaining...

Words: 5347 - Pages: 22

Premium Essay

Management Accounting Systems

...Executive Summary The company’s profits are falling and there is a build up of inventory within the production process. This report considers three management systems which could rectify the situation. Considering Theory of Constraints, Just In Time and Programme Evaluation and Review Technique, the report recommends that more information regarding the cause of the problems is undertaken, and a suitable programme of revaluation of the business processes is undertaken. Introduction The role of management accounting in the organisation has become so much more that the reporting of the score to managers (Hansen, Mouritsen 2006). In the wake of the decline of Western Manufacturing and the relevance crisis of management accounting to modern business as outlined by Kaplan and Johnson in ‘Relevance Lost’, the traditional cost accounting approach has been largely replaced by alternative methodologies (Kee, Schmidt 2000). The role of the management accounting in the modern firm is not only to report the score, but to seek to influence the score by using techniques and theoretical approaches to improve the business processes. As such it is important for managers to understand the use and usefulness of a variety of alternatives to traditional accounting approaches, especially traditional cost accounting and look to introduce other techniques which may have practical advantages for the firm (DUGDALE, JONES 1998). There is no one size fits all approach which will work in any case...

Words: 3699 - Pages: 15

Premium Essay

Managing Across Cultures

...A report on Managing across Cultures By Kifaa Submitted To Kaddafi Bin Sultan TABLE OF CONTENTS EXECUTIVE SUMMARY - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3rd INTRODUCTION- - - - - - - - - - - - - - - - - - - - - - -- - - - - - -- - - - - - - - - - - - - 3rd INFUENCE OF CULTURE ON WORKING STYLES - - - - - - - - - - - - - - - - - 4th IMPORTANCE OF TRANING TO MANAGERS- - - - - - - - - - - - - - - - - - - - - 4th DIFFERENT MANAGEMENT STYLES - - - - - - - - - - - - - - - - - - - - - - - - - - -5th i. Collaborative - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 6th ii. Compromising - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 6th iii. Accommodating - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -6th RECOMMANDAION - - - - - - - - - - - - -- -- - - - -- - - - - - - - - - - - - - - - - - - - -6th CONCLUSION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -7th REFRENCES- - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - 8th Executive Summary The Purpose of this report is to make a study on “Managing across Cultures”, and problems faced by the managers working with different cultural employees. This report will also discuss about some methods that could be use by the managers to accomplish cultural diversified staff. Cross Cultural simply...

Words: 1866 - Pages: 8

Free Essay

Panama

...Facultad de Economia y NegociosEscuela de Ingenieria Comercial | Economic development in Panama between 1995-2010 | Taller de Economía Empresarial | | José Venegas Rojas | | Professor: John Cobin Santiago, Chile 2013 I. - Introduction. The controlling purpose of this paper is to review the academic literature about the economic development of Panama between 1995-2010 in Panama City. Panama is among the twenty economies which have grown the most in the past ten years, according to the World Bank, which curiously matches giving ones the administration of the Panama Canal by the United States to Panama in 1999. Most of the buildings in Panama City were built around 2000 and in order to observe this change, the financial statements of the country when it still belonged to the United States, will be analyzed so that it can be possible to consider a factor in the economic development in this country. On December 31, 1999, at midday the Panama Republic took administrative control of the Panama Canal after a long process of negotiation which started in 1977 with the signing of the Treaty between the President Jimmy Carter from the United States and the Panama president Omar Torrijos. This Treaty stated that it was an important issue that Panama guaranteed the neutrality of the Canal. This step of command happened after almost eighty-five years of diplomatic negotiations between the US and Panama. Many Panamanians considered the administration of the Panama...

Words: 4057 - Pages: 17

Premium Essay

Chapter 4

...protest would not rule in favor of Jones Engineering because of this fact. Had the government or another company written up the Statement of Work, Jones Engineering would have still been eligible to bid on the procurement. If there were no other bids on the procurement, the Government could possible start from scratch and write the Statement of Work on their own, allowing Jones Engineering to make a bid. 2. Whether or not the protest is upheld depends on what sort of negotiations happened prior to procurement. If Gerry and North American Aviation Co. (NAA) were in discussions for a an employment position prior to contract award and did not report it and either reject the employment or disqualify himself from participating in the procurement then the protest would be ruled in favor or Boeing. However if the contract was under $10 million, then it is within the law for Gerry to seek employment with NAA after procurement. The difficult part of the protest on Boeing’s side would be proving when the negotiations for employment took place, which would probably tie up the case in the protest process for an extended period of time. 3. Even if it is not included in the contract, the Termination for Convenience clause is still valid. The Christian Doctrine says that the Termination for Convenience clause is inherent to government contracting therefore it does not have to be present in the contract to be in effect. In the event that the contract is terminated, the contractor would...

Words: 1355 - Pages: 6

Free Essay

Organizational Learning

...Organizational Learning and Decision-Making: A Southeastern School District and Elementary School Greg Alford, DA University of Phoenix Org 714 Organizational Learning and Decision-Making: A Southeastern School District and Elementary School Although learning should be an easy task for a school and school system, the bureaucracy of a public educational system presents many obstacles to substantive learning on the part of the employees and the smoothness of the decision-making process. This paper examines the opportunities for organizational learning and the decision-making process in southeastern U.S. school district and specifically at an elementary school Pre-K CDC Program. What is Organizational Learning and Decision-Making? Organizational learning is the process through which managers seek to improve organization members’ desire and ability to understand and manage the organization and its environment so they make decisions that continuously raise organizational effectiveness. There are two types of organizational learning strategies that may be pursued by any group: exploration and exploitation. Exploration is a method where organizational members learn of ways to improve existing organizational activities and procedures through experimentation. Exploitation is where those members refine and improve on existing activities and procedures to increase effectiveness (Jones, 2010). Organizational decision-making is the process of responding to a problem by searching...

Words: 2773 - Pages: 12

Free Essay

Computer Aided Control Systems Design for a Simple Positioning Mechanism

...its original position to a desired point. However, the PD controller was to be tuned in such a way that provided objectives are met. These objectives were in terms of performance measures and they were as follows: * The 10%-90% rise time is smaller than 0.5s. * The percentage overshoot is smaller than 5%. * The settling time is not larger than 5s. Where, * The 10%-90% rise time is defined as the time it takes the cart to go from 0.1xd to 0.9xd. * The percentage overshoot (P.O.) is defined as the percentage ratio of the maximum deviation from xd after xd has been passed for the first time, and the value of xd. * The settling time is defined as the time it takes the cart to remain within 2% of xd. The format of the report is as follows: The introduction will be followed by the design of a PD controller...

Words: 2631 - Pages: 11

Premium Essay

Leung Chi Keung V Market Misconduct Tribunal

..."connected person" - Securities and Futures Ordinance (Cap.571) s.270(1)(e) | Facts: *786 C, a listed company, wished to raise money by a top-up placement of its shares (the Placement). SC, a securities company, was eventually responsible for this and the placement was announced on 26 January 2004. Y was the Equity Salesman in the Sales Department, a public area, within SC. While SC had been negotiating with C, the Equity Capital and Derivatives Market Department (ECDMD) tasked Y to sound out potential investors for the Placement. The SC had a "Chinese Wall Policy" (the Wall) prohibiting the flow of inside information from the insider area of the firm (such as the ECDMD) to public areas (such as the Sales Department where Y worked), unless there was a valid business purpose for such communication, in which case the Compliance*787 Department had to be informed and prior approval obtained from both sides for "crossing the Wall". It also issued a protocol (the Protocol) for an equity salesman being brought over the Wall when he was tasked with market sounding, which required him to inform the recipient that the information in question was confidential and the recipient must not use it. X was the Director of Asian Equities...

Words: 17487 - Pages: 70

Premium Essay

Variance

...change much in the near term, so that you can rely on standards for a number of months or even a year, before updating the costs. However, in an environment where product lives are short or continuous improvement is driving down costs, a standard cost may become out-of-date within a month or two. ▪ Slow feedback. A complex system of variance calculations are an integral part of a standard costing system, which the accounting staff completes at the end of each reporting period. If the production department is focused on immediate feedback of problems for instant correction, the reporting of these variances is much too late to be useful. ▪ Unit-level information. The variance calculations that typically accompany a standard costing report...

Words: 2842 - Pages: 12

Premium Essay

Batna

...MANAGEMENT REPORT BATNA Basics: Boost Your Power at the Bargaining Table www.pon.harvard.edu Negotiation Management Report #10 $50 (US) Negotiation Editorial Board Board members are leading negotiation faculty, researchers, and consultants affiliated with the Program on Negotiation at Harvard Law School. Max H. Bazerman Harvard Business School Iris Bohnet K ennedy School of Government, Harvard University Robert C. Bordone Harvard Law School John S. Hammond John S. Hammond & Associates Deborah M. Kolb Simmons School of Management David Lax Lax Sebenius, LLC Robert Mnookin Harvard Law School Bruce Patton Vantage Partners, LLC Jeswald Salacuse T he Fletcher School of Law and Diplomacy, Tufts University James Sebenius Harvard Business School Guhan Subramanian Harvard Law School and Harvard Business School Lawrence Susskind Massachusetts Institute of Technology About Negotiation The articles in this Special Report were previously published in Negotiation, a monthly newsletter for leaders and business professionals in every field. Negotiation is published by the Program on Negotiation at Harvard Law School, an interdisciplinary consortium that works to connect rigorous research and scholarship on negotiation and dispute resolution with a deep understanding of practice. For more information about the Program on Negotiation, our Executive Training programs, and the Negotiation newsletter, please visit www.pon.harvard...

Words: 3978 - Pages: 16