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Summary ‘The Economic Security of Business Transactions’ covers such aspects as: management in the economic system; commercial risk in domestic and international transactions; an assessment of partners; unofficial economy and the state budget; economic security business; the role and importance of law in business. The book looks at the threats and risks arising from international trade and operating leading businesses, plus the role of the State. It examines the required new forms, methods and approaches for management. This has significant implications for the businesses concerned and the State’s role. ‘The Economic Security of Business Transactions’ includes coverage of internal company factors, tax evasion and tax avoidance; the book also looks at the level of involvement of the State (especially the EU’s Common Market). This leads to abuses and distortions in the area of the competitiveness of enterprises and countries’ competitiveness; it also changes the perception of contemporary economic security. This book is an attempt to point to the example of single countries, the European Community, and on a global scale – what is the efficiency of national economic systems and how the associated risks impact upon economic trade disorders. Key Features Contains contributions from some of the world’s leading researchers. Has an interdisciplinary character – based on economics, management and law. Shows and defines real threats and risks which occur in economic trade. The Authors Konrad Raczkowski is Professor of Management, who specializes in the unofficial economy, public finances and management in the economic system. He is a Director of Economic Institute in University of Social Sciences in Warsaw; he was Head of the Department of the Economic Security Management. Between 2003 and 2013 he worked in the finance department. He was also the advisor and consultant to governmental institutions, entrepreneurs and the European Anti-Fraud Office in Brussels (OLAF). He has qualifications as an internal auditor of integrated management systems. Professor Raczkowski is a member of British Academy of Management and since 2008 he has been an associate of the Institute for Security and Development Policy in Stockholm. Friedrich Schneider is Professor of Economics at the Department of Economics at the Johannes Kepler University of Linz in Austria. He is recognized as a leading authority in the field of studies on the shadow world economy. He has conducted research and lectures, among institutions such as the Universities of Yale, Princeton, Virginia, Stockholm, Zurich, Carnegie Mellon and Aarhus. In the years 1997-1999 he was the President of the Austrian Economic Association and in 2005-2008 the President of the German Economic Association. He has advised many governments, entrepreneurs and the European Commission. He is the author or co-author of hundreds of publications, including 62 books published in many languages. Professor Schneider’s research interests focus on the theory of economic policy, finance and the analysis of economic consequences of government intervention. Readership Scientists and researchers of national economy and unofficial economy; people experienced in the management (public and business); entrepreneurs; and students Contents PART I. SHADOW ECONOMY AND TAX EVASION CHAPTER 1 Size and development of the shadow economy and of tax evasion within Poland and of its neighbouring countries from 2003 to 2013: some new facts (Friedrich Schneider and Konrad Raczkowski) CHAPTER 2 How to curtail Poland’s shadow economy: the viewpoints of business and tax authorities (Bogdan Mróz and Mariusz Sokolek) CHAPTER 3 Shadow banking versus the shadow economy in Poland (Jan K. Solarz) CHAPTER 4 Why VAT carousel crime schemes are almost impossible to prosecute in Poland? (Czeslaw J_drzejek, Jacek Wi_ckowski, Maciej Nowak and Jaroslaw Bak) CHAPTER 5 The latest changes in the French tax evasion policy and its influence on economic and financial security (Urszula Zawadzka-Pak) PART II. ECONOMY AND BUSINESS TRANSACTIONS CHAPTER 6 The idea of homo oeconomicus and the role of culture in the economy (Marian Noga) CHAPTER 7 The implications of tax competition and "race to the bottom" for economic growth (Jolanta Szolno-Koguc and Malgorzata Twarowska) CHAPTER 8 Correct planning of budget revenue as an essential condition for secure business transactions (Eugeniusz Ruskowski) CHAPTER 9 The effects of public transfers on an economic system (Marta Postula) CHAPTER 10 The role of marketing information in the assessment of a contractor’s credibility in business negotiations (Bogdan Gregor and Magdalena Kalinska-Kula) CHAPTER 11 Implementation of the business counterintelligence branch in enterprise structure (Miroslaw Kwieci_ski and Krzysztof Passella) CHAPTER 12 Systematization of risk in internal and international markets (Katarzyna Zukrowska) CHAPTER 13 The role of the supreme audit office in tackling corruption and other types of organisational pathologies (Zbyslaw Dobrowolski) CHAPTER 14 Analysis of state bank guarantees offered to enterprises by national bank holdings and system solutions in selected countries (Dorota Ostrowska) CHAPTER 15 Common banking supervision within the financial safety net (Beata Domanska-Szaruga) CHAPTER 16 Crisis management in the global economy (Robert Dygas) PART III. MANAGEMENT AND ECONOMIC SECURITY CHAPTER 17 Business Process Management as a way to achieve national economic security (Piotr Senkus) CHAPTER 18 Collaborative networks as a basis for internal economic security in sustainable local governance. The case of Poland (Barbara Kozuch and Katarzyna Sienkiewicz-Malyjurek) CHAPTER 19 Changes in European foreign trade in the context of economic security (Agnieszka Glodowska) CHAPTER 20 The impact of non-military threats to economic security (Andrzej Limanski, Zbigniew Grzywna and Ireneusz Drabik)
The book is unique. . . It brings together articles on the economics and the law of property rights, and combines these with case studies, observations of what works and what does not, and a checklist of things to watch for. . . This is a very useful book that should appeal to reformers working in the field, whether they are governmental officials trying to modernize their economies, or economists and lawyers working in developmental agencies. . . There are few other books or publications that bring together the views of experts working in this important, albeit somewhat neglected, are of financial sector plumbing. William P. Armstrong, Banking and Finance Law Review . . . a well-presented collection of interesting papers within which one finds a rich resource of information and perspectives on secured transactions reform from parts of the world which are often overlooked in comparative commercial law scholarship. Noel McGrath, Journal of Business Law . . . with its insightful analysis, interesting empirical studies and knowledgeable team of contributors, the book will be illuminating and useful not just for those interested in development, but also anyone who has anything to do with granting credit and taking security. Dora S. Neo, Singapore Journal of Legal Studies This is an excellent, unique book. The material is very well written and presented in a carefully thought-out, coherent way. It tells us a legal story of our own, unique time. Any lawyer working in transition economies, whether or not directly on reform projects, would find it of great interest. Even economists should perhaps take a look at it! Roger McCormick, Law and Financial Markets Review Secured transactions reform, also known as collateral or pledge law reform, is increasingly seen as an important building block for economic development. The commonly held view is that the availability and cost of credit, as well as the efficiency of the market for secured credit, are directly influenced by the laws affecting secured transactions and their implementation. However, there is still a lot of confusion about this relatively complex and technical area of the law and its role in promoting access to credit and economic growth. The chapters presented here provide, for the first time, a comprehensive and cutting-edge view of the subject from both a legal and economic perspective. They start at the macro level of financial systems, moving towards the behaviours of lenders (commercial banks and micro-lenders), policy options for government and the mechanisms of collateral law reform. By approaching the subject from different angles and experiences, the work advocates an inclusive approach to the subject where all stakeholders interests can be taken into account. It addresses the question of what role laws and institutions can play to encourage access to credit. This book will be of primary interest to those involved in economic development and the interaction between law and economics, either for practical reasons (for example, working on reform or providing advice on investment in transition economies) or for research purposes.
Secured transactions law has been subjected to a close scrutiny over the last two decades. One of the main reasons for this is the importance of availability of credit and the consequent need to reform collateral laws in order to improve access to finance. The ability to give security effectively influences not only the cost of credit but also, in some cases, whether credit will be available at all. This requires rules that are transparent and readily accessible to non-lawyers as well as rules that recognise the needs of small and medium-sized enterprises. This book critically engages with the challenges posed by inefficient secured credit laws. It offers a comparative analysis of the reasons and the needs for a secured transactions law reform, as well as discussion of the steps taken in many common law, civil law and mixed law jurisdictions. The book, written under the auspices of the Secured Transactions Law Reform Project, informs the debate about reform and advances novel arguments written by world renowned experts that will build upon the existing literature, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. The text considers reform initiatives that have taken place up to the end of April 2016. It has not been possible to incorporate events since then into the discussion. However, notable developments include the banks decree passed by the Italian Government on 29th June 2016, and the adoption of the Model Law on Secured Transactions by UNCITRAL on 1st July 2016.
This book focuses on international harmonisation and the law of secured transactions by distilling and analysing the unifying principles of various significant international conventions and instruments such as the UN Convention on the Assignment of Receivables, the Unidroit Convention on International Factoring, the EBRD Model Law on Secured Transactions, the Unidroit Convention on the International Interests in Mobile Equipment and the UNCITRAL Legislative Guide on Secured Transactions. International secured transactions conventions and instruments facilitate credit and promote economic activity through the creation of harmonised rules. Therefore, given the increasing globalisation of markets, international reform efforts for the harmonised modernisation of secured transactions law have gained pace over recent years. International Secured Transactions Law draws on experiences in both English and US laws in order to identify and illustrate the existing problems that need to be addressed, as well as identify potential solutions. International Secured Transactions Law will be of interest to scholars, students interested in international commercial law, corporate law or comparative secured transactions, and practitioners involved in international commercial transactions.
The "Model Law" deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents,
Over the last few decades, many countries have reformed their secured transactions law. One of the main reasons has been the clear link between reform and the availability of credit, and the drive to improve access to finance, particularly for micro, small and medium-sized enterprises. This book focuses particularly on developing economies in Africa, which have legal frameworks influenced by English, French, Belgian, Roman-Dutch and other laws. Reform in this area of law across African countries has taken a number of forms, which are explored and discussed in this book. Secured Transactions Law Reform in Africa is a mixture of a critical description of the pre-reform law and practice, and the reform process itself. It also includes a comparative analysis of the legal provisions and an examination of the early results of the reforms. The book sets out a road map for the future of secured transactions reform; primarily in Africa, but also in other countries that have undertaken or are contemplating similar reforms. This book is the second in a series of books about Secured Transactions Law in countries around the world, and its reform, both on a national and an international scale. The first book, Secured Transactions Law Reform: Principles, Policies and Practice, was published in 2016.
In the light of the financial crisis, it has become clear that the globalisation of financial markets has not been matched by the globalisation of legal certainty relating to financial transactions. The ability to give security influences not only the cost of credit but also, in some cases, whether credit will be available at all. Increasing the availability and lowering the cost of credit can make an important contribution to international and domestic economic development. Assessing the international challenges posed by inefficient secured credit laws, this book explores how these can be overcome to facilitate credit through legal reforms. Leading authorities in the field address the key issues surrounding the availability of credit, the role of banks in economic development and financial crises, UNCITRAL's legislative efforts, and international organisations and financial institutions and their involvement in the reform of secured transactions law.
This cutting-edge Handbook presents an overview of research and thinking in the field of secured financing, examining international standards and best practices of secured transactions law reform and its economic impact. Expert contributors explore the
The law of secured transactions has seen dramatic changes in the last decade. International organisations, particularly the United Nations Commission on International Trade Law (UNCITRAL), have been working towards the creation of international legal standards aimed at the modernisation and harmonisation of secured financing laws (eg, the United Nations Convention on the Assignment of Receivables in International Trade, the UNCITRAL Legislative Guide on Secured Transactions and its Intellectual Property Supplement, the UNCITRAL Guide on the Implementation of a Security Rights Registry and the UNCITRAL Model Law on Secured Transactions). The overall theme of this book is international (or cross-border) secured transactions law. It assembles contributions from some of the most authoritative academic voices on secured financing law. This publication will be of interest to those involved in secured transactions around the world, including policy-makers, practitioners, judges, arbitrators and academics.
This collection of essays offers a unique insight and overview of the secured transactions law in many of the most important countries in Asia, as well as reflections on the need for, benefits of and challenges for reform in this area of the law. The book provides a mixture of general reflections on the history, successes and challenges of secured transaction law reform, and critical discussion of the law in a number of Asian countries. In some of the countries, the law has already been reformed, or reform is under way, and here the reforms are considered critically, with recommendations for future work. In other countries, the law is not yet reformed, and the existing law is analysed so as to determine what reform is desirable, and whether it is likely to take place. First, this book will enable those engaging with the law in Asia to understand better the contours of the law in both civil and common law jurisdictions. Second, it provides analytical insights into why secured transactions law reform happens or does not happen, the different methods by which reform takes place, the benefits of reform and the difficulties that need to be overcome for successful reform. Third, it discusses the need for reform where none has yet taken place and critically assesses the reforms which have already been enacted or are being considered. In addition to providing a forum for discussion in relation to the countries in question, this book is also a timely contribution to the wider debate on secured transactions law reform which is taking place around the world.