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This chapter explains the why, what, and how of the book. In the chapter, the term shadow business is explained and defined as a societal concern that necessitates further research. The remedy of the information asymmetry that shadow business represents is group transparency. If, however, transparency is a value that requires legal commitments, then it needs to be operationalized. This means that it should be possible to derive legal obligations and that this helps realize transparency as an objective. This can arguably only be achieved where the term “transparency” is precisely defined. This chapter discusses transparency in light of three aspects and whether and to what extent a disclosure regime facilitates accessible, high-quality, and processable information, and the underlying goal is the avoidance of information asymmetry.
This chapter provides a short summary of intermediate results and key arguments in favor of applying Systems Thinking as a remedy to imprecise depictions of corporate groups.
Organizations differ in the extent to which they emphasize the importance of status, yet most extant research on the role of status at work has utilized a limited view of status as merely a matter of a person’s status rank. In contrast, we examine people’s perceptions of the extent to which having status matters in their work context and explore the behavioral implications of such perceptions. We offer a new construct, perceived status importance, defined as employees’ subjective assessment of the degree to which people within their organization are preoccupied with status. Relying on social comparison theory, we propose that higher perceived status importance triggers envy, which leads to interpersonal deviance. Across three studies, using multiwave survey and experimental designs, we find support for these relationships. We also find support for the mitigating influence of core self-evaluations on the perceived status importance—envy relationship. Implications are discussed.
The literature on early modern credit markets emphasizes both the social embeddedness of credit relationships and the role of notaries. To enhance our understanding of how credit markets functioned in a “less-developed” economy, we investigate the local lending activities of a merchant-banker family that operated at the intersection of formal and informal credit. A combination of economic rationality and social motivations in lending decisions emerges. The credit network of this family firm provides a portrait of the social structure of the local community, where the central position of a few trusted notaries and members of the business and political elite highlights the prevalence of relationships of power and favor over impersonal market exchange. The predominance of informal credit reveals a preference for loans made outside of notarial circuits. Nonetheless, notaries were crucial in lending to borrowers of lower social status and with weak ties, thus helping the liquidity of these merchants to “trickle down” into local society.
This chapter discusses how internal governance mechanisms may diverge from the legal starting point of a limited liability entity as directed by its corporate board and that shareholders (including a parent company) are only permitted to exercise their power through the means of the general meeting. I have, to analyze internal governance mechanisms on the outskirts of the law, drawn on management literature to broaden the rather narrow discussions in corporate law on the strategic and coordinative means of a parent company. This chapter therefore, through this, adds a discussion of the factual divergence between law and practice and between formal ownership structures and internal control structures to corporate law literature.
This chapter provides a primer to Systems Thinking. The core concept of natural science systems theory is that the outcome of an activity of participating entities is, by way of interactions, larger than the sum of its parts. The key components in this theoretical approach are nodes, links, and emergence. In this chapter, the building blocks of a Systems Thinking approach are articulated.
How organizations utilize capabilities to achieve competitive advantage and improve performance has received an abundance of scholarly attention. Both ordinary and dynamic capabilities (DC) enable organizations to achieve higher performance when leveraged appropriately and under favorable conditions. The complexity of an organization's motives for why and how different capabilities are acquired drives us further to explore what complementarities organizations might achieve and under what contexts. Specifically, we explore how firms engaging in mergers and acquisitions (M&A) to acquire dynamic and/or ordinary capabilities experience different market reactions and levels of short- and long-run value creation given environmental uncertainty. Our results support the acquisition of ordinary capabilities for predicting positive short-term market reactions and of DC for longer-run firm performance post-M&A, with uncertainty factors moderating these relationships. We discuss both the theoretical and practical implications of uncertainty and acquisitions of these capabilities and offer suggestions for future research.
This chapter analyzes the extent to which accounting law, a foundational legal domain for determining corporate control for consolidation purposes, addresses de facto control. De facto control is not a harmonized concept in EU secondary law through accounting regulation. However, listed companies in EU Member states are obliged to report in accordance with IFRS; private limited liability companies follow consolidation requirements set out in domestic transpositions of the Accounting Directive.
An understanding of modern corporate groups can be sought through a historical–theoretical analysis of the core evolutionary phases that have shaped the group structures of today. I divide the legal history of corporate groups into four phases: the state-chartered corporate groups, the commercialization of groups through the legal recognition of corporate shareholders, globalization and the rise of multinational groups, and the twenty-first-century technological and interconnected group structures. Furthermore, I use this to argue that the gap between legislation and practice has increased over time, with each phase adding a new layer of complexity that makes recognition of corporate groups more difficult. It is likely, in light of this observation, that innovation will not stop, and that new modes of complexity will arise in the future.
When a firm is accused of serious misconduct, its executives, even those who are nonculpable, are stigmatized by the firm's stakeholders, a phenomenon known as courtesy stigma. One research stream explores how executives’ social networks mitigate courtesy stigma, with an emphasis on the positive effect of social networks. From the perspective of a social network as an information pipe, we suggest that social networks are a double-edged sword in the context of courtesy stigma because of their distinctive insulation and exposure mechanisms. Our proposed hypotheses are supported via event history analysis using data collected from a Chinese sample of listed firms that demonstrated financial misconduct in the period 2007–2016. Our study contributes to the literature on social networks and courtesy stigma by revealing their complex links.