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- Madsen, Marina B., et al.
(författare)
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Ejerskabsdynamik i SMV’er : Et svensk/dansk projekt om problemer og løsningerved ændringer i ejerkredsen
- 2019
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Ingår i: Nordisk Tidsskrift for Selskabsret. - København : DJØF Forlag. - 1399-140X. ; :4, s. 73-96
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- During their lifecycle, many small and medium sized enterprises (SMEs) experience changes in the group of owners. New research shows that such changes are likely to give rise to issues that might affect the cooperation between the owners and the development of the company in a negative direction. As SMEs are considered ‘the backbone of Scandinavian economy’, such negative effects might also have a socio-economic impact. Therefore, it is important to take precautionary measures against the emergence of these issues as well as establishing appropriate solutions should they arise nonetheless. The present article commences a new interdisciplinary research project ‘Ownership Dynamicsin SMEs’ carried out by Center for Small and Medium Sized Enterprises in Denmark and Centre for Family Enterprise and Ownership in Sweden. The objective of the project is to generate deep knowledge on ownership dynamics in SMEs and on the complexity of the various types of ownership changes. Based on this knowledge, the three Cs (Control, Consensus and Compromise), that are identified in the article, are used as the foundation to develop guidelines and tools targeted at the three phases in ownership changes, which will be made available to SMEs. The project will also analyse if a gap exists between the regulatory need of SMEs that is identified using qualitative and quantitative studies and the paradigms applied in practice. Based on the result of this analysis, proposals for gap-filling provisions etc. will be developed.
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- Haag, Kajsa, et al.
(författare)
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Divorce in the family business : unfolding the legal problems by learning from practice
- 2016
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Ingår i: Journal of Family Business Management. - 2043-6238 .- 2043-6246. ; 6:1, s. 81-96
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Tidskriftsartikel (refereegranskat)abstract
- Purpose – The purpose of this paper is to explore the case of divorce in family business from a legal perspective and highlight the problems of applying family law in the family business context.Design/methodology/approach – The authors rely on legal analysis and interviews with estate distribution executors to discuss problems with the legal rules and how they are practiced.Findings – The findings show that the law is ill fitted to the situation where there is a family business included in the division of marital property. In divorce, family law dictates the division of marital property and the family business is reduced to an asset to be divided like any other. Critical issues are identified and elaborated.Research limitations/implications – Divorce and other disruptions to the family system should be considered in family business consultancy among other threats to the business. The legal perspective on divorce in the family business offered here primarily concerns ownership issues. The impact of divorce on management is equally in need of exploration, which is the suggestion for further studies.Practical implications – The paper illuminates in which ways the business is hampered from divorcing owners and discuss critical issues with applying family law in a family business context. Social implications – Policymakers should establish rules in which shares in an unlisted business are by default assigned to separate property until something else is contracted.Originality/value – New light is shed on the practical problems of interpreting family law in a family business context advancing the understanding of family aspects in family business management.
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