TAX AND ACCOUNTING: The siren song of unlimited contractual freedom / Franklin A. Gevurtz -- J. Travis Laster -- Freedom of contract for alternative entities in Delaware : myth or reality? / Mark J. Loewenstein -- Contractual freedom and family business / Benjamin Means -- INTERNAL RELATIONSHIPS: Alternative entities in Delaware : re-introduction of fiduciary concepts by the backdoor? / Douglas M. Branson -- Achaian and interest transfers among existing partners and members / J. William Callison -- Agency in the alternatives : common-law perspectives on binding the firm / Deborah A. DeMott -- RELATIONSHIPS WITH THIRD PARTIES: Is the liability of limited liability entities really limited? / Allan G. Donn -- Mitigating the impact of a counterparty LLC's financial distress / Jennifer Ivey-Crickenberger, Michelle M. Harner -- Attacking asset protection LLCs / Franklin A. Gevurtz -- TAX AND ACCOUNTING: Casual convergence in unincorporated entity law / Nadelle Grossman -- Capital accounts in LLCs and in partnerships / Donald J. Weidner -- DISSOLUTION AND FUNDAMENTAL CHANGES: Fundamental changes in the LLC : a study in path-divergence and convergence / Joan MacLeod Heminway -- Care and loyalty after the dissociation from or dissolution of an unincorporated entity / Thomas E. Rutledge -- SPECIALIZED ENTITIES: Nonprofit and charitable uses of LLCs / Cassady V. "Cass" Brewer -- State laboratories and social enterprise law / J. Haskell Murray -- Business trusts / Peter B. Oh -- The law firm as an industry model for entity choice and management / Allison Martin Rhodes, Robyn Axberg -- JUDICIAL AND LEGISLATIVE RESPONSES: Harmonization, rationalization, and uniformity / Robert R. Keatinge -- Casual convergence in unincorporated entity law / Nadelle Grossman -- Brazilian alternatives to the corporate form of organization / André Antunes Soares de Camargo. INTERNATIONAL PERSPECTIVES ON ALTERNATIVE FORMS: Partnership options in the UK : good things come in threes / Elspeth Berry -- Legislative policy of alternative forms of business organization : the case of Japanese LLCs / Zenichi Shishido -- Return of the prodigal form? : partnerships and partnership law in the People's Republic of China / Nicholas Calcina Howson -- Alternatives to capital-oriented corporations under Russian law / Vladimir Orlov -- The advent of the LLP in India / Afra Afsharipour -- The evolution of non-corporate forms of business in Taiwan : introducing the LLP as an alternative business form / Andrew Jen-Guang Lin -- Brazilian alternatives to the corporate form of organization / André Antunes Soares de Camargo.
Summary:
Publisher's description: While the partnership has been a viable alternative to incorporation for centuries, the much more recent limited liability company (LLC) has increasingly become the business organization of choice for new firms in the United States. This Handbook includes extensive discussion of alternatives to incorporation, including several chapters devoted to alternative entities in foreign jurisdictions. Distinguished contributors include academics, practitioners, and prominent jurists. This Handbook explores partnerships, LLCs, business trusts and related topics. 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 also include treatments of Japan, the UK, Russia, China, Taiwan, India and Brazil. This Handbook's expert analysis makes it a valuable resource for both scholars and practitioners of business law, as well as law students.
Series:
Research handbooks in corporate law and governance
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.