Agent, Partnership, and Limited Liability Company (Second Edition)

Author: (USA) Haines
Publisher:
Publish Date: 2004-03-01
Features: Since the content of this book includes more than one type of business organization form, what needs to be paid attention to while reading is not only the similarities and differences in law among different business organization forms, but more importantly, understanding the advantages and disadvantages of choosing different organization forms. One of the most common legal issues for corporate lawyers in reality can be said to be helping clients choose the most favorable legal organization form and registration location based on actual circumstances (such as tax considerations, liability considerations, and actual control considerations, etc.). Paying attention to this point while reading will be beneficial for cultivating the ability to "tailor-made" for clients. This book discusses the basic concepts and legal principles of several fundamental business organization forms, including agency, partnership, and limited liability companies (LLCs). When it comes to agency, partnership, and LLCs, these business forms, although not as prominent as corporations in modern business society, still play a quite important role and often have more advantages in certain fields compared to corporations. Legally, the basic concepts and principles of agency and partnership are actually the cornerstone of corporate law. Principles such as the ultra vires doctrine under agency law, the fiduciary duty of agents, and the good faith obligation between partners have all developed into important principles in corporate law. Moreover, the core issue of corporate governance, the separation of ownership and management power between shareholders and management, is ultimately still an agency issue. In fact, many U.S. law schools often start their corporate law courses with agency and partnership, and some law schools even call the course "Business Organization Law" to indicate that it will cover different business forms such as agency, partnership, LLCs, and corporations.