Research handbook on partnerships, LLCs and alternative forms of business organizations / edited Robert W. Hillman, FBP Distinguished Professor of Law, University of California, Davis School of Law, USA, Mark J. Loewenstein, Monfort Professor of Commercial Law, University of Colorado Law School, USA.

Format:

Book

Contributor:

Hillman, Robert W., editor.

Loewenstein, Mark J., editor.

Series:

Research handbooks in corporate law and governance.

Research handbooks in corporate law and governance

Language:

English

Subjects (All):

Partnership--Handbooks, manuals, etc.

Partnership.

Private companies--Handbooks, manuals, etc.

Private companies.

Physical Description:

1 online resource (514 p.)

Place of Publication:

Cheltenham, UK : Edward Elgar, [2015]

Language Note:

English

Summary:

Presenting alternatives to the corporate form of organization, the Handbook explores partnerships, LLCs, business trusts and other alternatives. Specially commissioned chapters by leading scholars in the field examine issues such as: fiduciary duties, agency principles, contractual freedom, tax treatment, the special circumstances of law firms, and dissolution. While much of the emphasis is on US law, a number of chapters include treatments of Japan, the UK, Russia, China, Taiwan, India and Brazil.

Contents:

Cover; Copyright; Contents; Contributors; Introduction; PART 1 CONTRACTUAL FREEDOM; 1. The siren song of unlimited contractual freedom; 2. Freedom of contract for alternative entities in Delaware: myth or reality?; 3. Contractual freedom and family business; PART 2 INTERNAL RELATIONSHIPS; 4. Alternative entities in Delaware-re-introduction of fiduciary concepts by the backdoor?; 5. Achaian and interest transfers among existing partners and members; 6. Agency in the alternatives: common-law perspectives on binding the firm; PART 3 RELATIONSHIPS WITH THIRD PARTIES

7. Is the liability of limited liability entities really limited?8. Mitigating the impact of a counterparty LLC's financial distress; 9. Attacking asset protection LLCs; PART 4 TAX AND ACCOUNTING; 10. Tax aspects of partnerships, LLCs, and alternative forms of business organizations; 11. Capital accounts in LLCs and in partnerships; PART 5 DISSOLUTION AND FUNDAMENTAL CHANGES; 12. Fundamental changes in the LLC: a study in path-divergence and convergence; 13. Care and loyalty after the dissociation from or dissolution of an unincorporated entity; PART 6 SPECIALIZED ENTITIES

14. Nonprofit and charitable uses of LLCs15. State laboratories and social enterprise law; 16. Business trusts; 17. The law firm as an industry model for entity choice and management; PART 7 JUDICIAL AND LEGISLATIVE RESPONSES; 18. Harmonization, rationalization, and uniformity; 19. Casual convergence in unincorporated entity law; 20. Dictum in alternative entity jurisprudence and the expansion of judicial power in Delaware; PART 8 INTERNATIONAL PERSPECTIVES ON ALTERNATIVE FORMS; 21. Partnership options in the UK: good things come in threes

22. Legislative policy of alternative forms of business organization: the case of Japanese LLCs23. Return of the prodigal form? Partnerships and partnership law in the People's Republic of China; 24. Alternatives to capital-oriented corporations under Russian law; 25. The advent of the LLP in India; 26. The evolution of non-corporate forms of businessin Taiwan-introducing the LLP as an alternative business form; 27. Brazilian alternatives to the corporate form of organization; Index

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (ebrary, viewed September 4, 2015).

ISBN:

1-78347-440-8